144. Substitution of conviction on different charge

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.

The Military Court of Appeal may in the circumstances described in subsection (1), 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 the appellant by the subordinate military court, a sentence that the Court thinks proper, being a sentence warranted by that other offence.