National Defence Act
Marginal note:Appeal against not guilty finding
239.1 (1) On the hearing of an appeal respecting the legality of a finding of not guilty on any charge, the Court Martial Appeal Court may, where it allows the appeal, set aside the finding and
(a) direct a new trial on that charge; or
(b) except where the finding is that of a General Court Martial or a Disciplinary Court Martial, enter a finding of guilty with respect to the offence for which, in its opinion, the accused person should have been found guilty but for the illegality and
(i) impose the sentence in accordance with subsections (2) and (3), or
(ii) remit the matter to the court martial and direct it to impose a sentence in accordance with subsections (2) and (3).
Marginal note:Where no other finding of guilty
(2) Where the Court Martial Appeal Court has entered a finding of guilty and there is no other finding of guilty, the Court or the court martial shall impose a sentence that is warranted in law.
Marginal note:Where another finding of guilty
(3) Where the Court Martial Appeal Court has entered a finding of guilty and there is another finding of guilty, the Court or the court martial may
(a) affirm the sentence imposed by the court martial, if the court martial could legally have imposed the sentence on all of the findings; or
(b) substitute for the sentence imposed by the court martial a sentence that is warranted in law.
- 1991, c. 43, s. 25
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