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| Interpretation of this Part |
| 141. In this Part, unless the context otherwise requires, “appellant” includes the Director, Legal Services of the Singapore Armed Forces. |
| Power to quash conviction as wrong in law, etc. |
| Adjustment of sentence in case of conviction on 2 or more charges |
143. Where —
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| Substitution of conviction on different charge |
144.—(1) This section applies where an appellant has been convicted of an offence and the subordinate military court by which the appellant was tried could lawfully have found him or her guilty of some other offence, and it appears to the Military Court of Appeal that the subordinate military court must have been satisfied of the facts which proved the appellant guilty of that other offence.
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| Variation of conviction so as to attract different sentence |
145.—(1) Where an appellant has been convicted of an offence committed under circumstances involving the higher of 2 degrees of punishment, and it appears to the Military Court of Appeal that the subordinate military court by which the appellant was tried ought to have found him or her guilty of the offence as being committed under circumstances involving the lower degree of punishment, the Court may, instead of allowing or dismissing the appeal, substitute for the finding of the subordinate military court a finding of guilty of the offence as being committed under circumstances involving the lower degree of punishment.
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| Substitution of finding of insanity or unfitness to plead |
| 146. Where on an appeal the Military Court of Appeal is of the opinion that the proper finding should have been a finding that the accused was not guilty by reason of insanity or that the accused was unfit to stand trial, the Court is to order that the accused be kept in custody and dealt with in accordance with the procedure laid down in regulations made under this Act where a subordinate military court makes a finding of not guilty by reason of insanity or a finding of unfitness to stand trial. |
| Term of sentence passed under section 142, 143, 144 or 145 |
| 147. The term of any sentence passed by the Military Court of Appeal under section 142, 143, 144 or 145 starts to run, unless the Court otherwise directs, from the time from which it would have started to run if it had been passed in the proceedings from which the appeal was brought. |
| Re‑trial generally excluded |
| 148. Subject to the provisions of this Act, where the conviction of a person by a subordinate military court for an offence has been quashed under this Act, the person shall not be liable to be tried again for that offence by a subordinate military court or by a civil court or by a disciplinary officer. |
| Power to authorise re‑trial in certain cases |
149.—(1) The Military Court of Appeal has power, on quashing a conviction or reversing an order of acquittal, to make an order authorising the appellant to be re‑tried by a subordinate military court.
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| Implementation of authority for re‑trial, and supplementary orders of Military Court of Appeal |
150.—(1) The limitations imposed in this Act with respect to the time within which a trial may be started do not apply in the case of a re‑trial authorised by an order of the Military Court of Appeal under section 142(4) or 149.
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