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National Defence Act

Version of section 238 from 2008-07-18 to 2024-02-06:


Marginal note:Powers on appeal against finding of guilty

  •  (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 by court martial 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
  • 2008, c. 29, s. 23

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