National Defence Act
Marginal note:Powers on appeal against finding of guilty
238 (1) On the hearing of an appeal respecting the legality of a finding of guilty on any charge, the Court Martial Appeal Court, if it allows the appeal, may set aside the finding and
(a) enter a finding of not guilty in respect of the charge; or
(b) direct a new trial on the charge.
Marginal note:Effect of setting aside finding of guilty
(2) Where the Court Martial Appeal Court has set aside a finding of guilty and no other finding of guilty remains, the whole of the sentence ceases to have force and effect.
Marginal note:Sentence where findings partly set aside
(3) Where the Court Martial Appeal Court has set aside a finding of guilty but another finding of guilty remains, the Court may, except where it allows an appeal under section 240.1,
(a) affirm the sentence imposed by the court martial if the court martial could legally have imposed that sentence on the finding of guilty that remains; or
(b) substitute for the sentence imposed by the court martial a sentence that is warranted in law.
- R.S., 1985, c. N-5, s. 238
- 1991, c. 43, s. 23
- 1998, c. 35, s. 68
- Date modified: