Clause 138

This section applies where an appellant has been convicted of an offence and the subordinate military court by which he was tried could lawfully have found him 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 him guilty of that other offence.

The Military Court of Appeal may in the circumstances referred to in subsection (1) of this section, instead of allowing or dismissing the appeal, substitute for the finding of the subordinate military court a finding of guilty of the other offence, and may pass on the appellant, in substitution for the sentence passed on him by the subordinate military court, such sentence as it thinks proper, being a sentence warranted by that other offence.