Criminal Code (Cap. 9), article 500

500. (1) A person convicted on indictment may appeal to the Court of Criminal Appeal against his conviction in all cases or against the sentence passed on hi s conviction unless the senten ce is one fixed by law. (2) The Attorney General may appeal to the Court of Criminal Appeal against an acquittal or a wrong finding of guilt on the bill of indictment or part thereof or against the sentence passed unles s the sentence is one fixed by law. Appeal by the Attorney General. Cap. 446. (3) Notwithstanding the provisions of article 28I(2) and of the Probation Act , if it appears to him that the sentence was unduly lenient the Attorney General may also appeal from any judgment convicting a person for an offence liable to imprisonment for a term exceeding two years if the senten ce has applied the provisions of article 21 or of articles 28A to 28H or the provisions of the Probation Act. (4) The Court of Criminal Appeal shall allow an appeal by the Attorney General if it considers that there has been a grave irregularity during the proceedi ngs, or that the judgement is c learly the result of a manifest misinterpretation or of a manifestly w rong application of the law, which could have had a bearing on the verdict: Provided that the Court may, notwithstanding that it is of opinion that the point raised in the appeal under this sub-arti cle might be decided in favour of the Attorney General, dismiss the appeal if it considers that no miscarriage of justice has actua lly occurred. (5) The Court of Criminal Appeal shall, upon an appeal made in terms of sub-articles (2) or (4) affirm, vary or reverse the verdict from which an appeal has been filed, or, if it considers that a sentence of greater severity shoul d have been passed, quash the sentence passed at the trial and pass such sentence of greater severity warranted in the law in substitution thereof as it con siders ought to have been passed, and in any other case shall dismiss the appeal: Provided that if the court considers that it would be more just in the circumstances to do so, the court shall quash the sentence and send the case for retrial before the Criminal Court. Submissions by injured party to Court of Criminal Appeal on sentence. Added by: III.2002.117.