Part 3, The Armed Forces of the Republic of Sierra Leone (Amendment) Act, 2000 [Margin: Short title.]

(3) On an appeal under this Part against sentence, the Court of Appeal shall, if it is of opinion that a different sentence should have been passed, quash the sentence passed by the court-martial and pass such other sentence (whether more or less severe) in substitution therefor, as it thinks ought to have been passed, being a sentence which, under section 73 or section 74, could lawfully have been passed for the offence of which the appellant was convicted, or, if it is not of that opinion, dismiss the appeal. (4) The term of any sentence passed by the Court of Appeal under subsection (3) shall, unless the Court otherwise directs, begin to run from the time from which it would have begun to run if 4 No. 13 Armed Forces of the Republic of Sierra Leone (Amendment) Act 2000 it had been passed in the proceedings from which the appeal is brought, and any such sentence shall be deemed for the purposes of this Act to be a sentence passed by the court-martial being a sentence that has been confirmed. [Margin: Powers of Court of Appeal in special cases.] 132. (1) If it appears to the Court of Appeal that an appellant, though not properly convicted on some charge preferred against him before the court-martial by which he was tried, was properly convicted on some other charge so preferred then, if the sentence passed by the court-martial on the appellant was not one which could lawfully be passed by the court-martial for the offence of which he was convicted on the other charge, the Court shall pass on the appellant, in substitution for the sentence passed on him by the court-martial, such sentence as it thinks proper, being a sentence which, under section 73 or section 74, might lawfully be passed in respect of the charge on which the appellant was properly convicted, but not being a sentence of greater severity.