145. Variation of conviction so as to attract different sentence

Where an appellant has been convicted of an offence committed under circumstances involving the higher of 2 degrees of punishment, and it appears to the Military Court of Appeal that the subordinate military court by which the appellant was tried ought to have found him or her 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 the appellant was tried ought to have found him or her 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), the Court 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 for the offence specified or involved in the substituted finding.