Criminal Code (Cap. 9), article 502

502. (1) If it appears to the Cour t of Criminal Appeal that an accused, though acquitted or not properly convicted on some cou nt or part of the indictment, has been properly convicted on some oth er count or part of the indictment, the court may either affirm th e sentence passed on the accused at the trial or pass such senten ce in substitution therefor as it thinks proper and as may be warrant ed in law by the verdict on the count or part of the indictment on wh ich the court considers that the accused has been properly convicte d: Provided that where the appeal i s filed by the person convicted such other sentence shall not be of greater severity than the s entence passed at the trial taken as a whole, whether or not the last mentioned sentence was expressed to be passed on that part of t he indictment. (2) Where an accused has been convicted of an offence and the jury could on the indictment have found him guilty of some othe r offence, and on the finding of the jury it appears to the Court of Criminal Appeal that the jury must have been satisfied of facts which proved him guilty of that other offence, the court may, instead of allowing or dismissi ng the appeal, substitute for th e verdict found by the jury a verdict of guilty of that other off ence, and pass such sentence in substitution for the sentence passed at the trial as may be warranted in law for that other offence which i n the case of an appeal filed by the person convicted shall not be a sentence of greater severity. (3) Where the jury have found a verdict falling within the provisions of article 480(3), and the Court of Criminal Appeal considers that a wrong conclusion has been arrived at by the Criminal Court on the effect of that verdict, the Court of Crim inal Appeal may, instead of allowing the appeal, order such conclusi on to be recorded as appears to the court to be in law required by the verdict, and pass such sentence (which, in the case of an appea l filed by the person convicted shall not be a sentence of greater seve rity) in substitution for the sentence pass ed at the trial as may be war ranted in law. (4) Where on an appeal against conviction the Court of Criminal Appeal is of opinion that although the appellant committed the act or made the omission charged against him he w as insane at the time the act was done or omission made so as not to be responsible according to law for his actions, the court may qua sh the sentence passed at the trial and order the appellant to be kept in custody in Mount Carmel Hospital in which case the provisions o f article 623(1), (2) a nd (3) shall apply. Appeal against verdict of not guilty on the ground of insanity. Added by: XXV .1967.18.