South Australian Consolidated Acts South Australian Consolidated Acts354—Powers of Court in special cases
(1) If it appears to
the Full Court that an appellant, although not properly convicted on some
count or part of the information, has been properly convicted on some other
count or part of the information, the Court may either affirm the sentence
passed on the appellant at the trial or pass such sentence in substitution
therefor as it thinks proper and as may be warranted in law by the verdict on
the count or part of the information on which the Court considers that the
appellant has been properly convicted.
(2) Where an appellant
has been convicted of an offence and the jury could, on the information, have
found him guilty of some other offence and, on the finding of the jury, it
appears to the Full Court that the jury must have been satisfied of facts
which proved him guilty of that other offence, the Court may, instead of
allowing or dismissing the appeal, substitute for the verdict found by the
jury a verdict of guilty of that other offence and pass such sentence in
substitution for the sentence passed at the trial as may be warranted in law
for that other offence, not being a sentence of greater severity.
(3) Where on the
conviction of the appellant the jury has found a special verdict and the
Full Court considers that a wrong conclusion has been arrived at by the court
before which the appellant has been convicted on the effect of that verdict,
the Full Court may, instead of allowing the appeal, order such conclusion to
be recorded as appears to the Court to be in law required by the verdict and
pass such sentence in substitution for the sentence passed at the trial as may
be warranted in law.