Clause 139

Where an appellant has been convicted of an offence committed under circumstances involving the higher of two degrees of punishment, and it appears to the Military Court of Appeal that the subordinate military court by which he was tried ought to have found him 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.

Where an appellant has been convicted of an offence and it appears to the Military Court of Appeal that the subordinate military court by which he was tried ought to have found him guilty of the offence subject to exceptions or variations, 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 subject to exceptions or variations.

Where the Military Court of Appeal exercises the power conferred by subsection (1) or (2) of this section the Court 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 for the offence specified or involved in the substituted finding.