 ... —Provided that the Court may, notwithstanding that they are of opinion that the point raised in the appeal might be decided in favour of the appellant, dismiss the appeal if they consider that no substantial miscarriage of justice has actually occurred.  The Quarterly Review - Page 348edited by - 1918Full view - About this book
 | Frederick Pollock - 1908 - 638 pages
...a day befere the date of the death. By sect. 4, sub-s. (1) of the Criminal Appeal Act, 1907, it is provided that "the Court may, notwithstanding that...substantial miscarriage of justice has actually occurred." JWJ Cremlyn, for the prisoner. Shepherd Little, for the prosecution. THE COURT (Lord Alverstone CJ,... | |
 | Frederick Pollock - 1921 - 774 pages
...Edw. 7, c. 23), s. 4, sub-s. 1, proviso, was applicable; and that, notwithstanding that the points raised in the appeal might be decided in favour of the appellant, the Court muet dismiss the appeal, inasmuch as, having regard to the evidence as a whole, no substantial... | |
 | 1917 - 772 pages
...that on any ground there was a miscarriage of justice, and in any other case shall dismiss the appeal: Provided that the Court may, notwithstanding that...be decided in favour of the appellant, dismiss the App. Div. appeal if they consider that no substantial miscarriage of justice has actually occurred."... | |
 | 1908 - 1180 pages
...notwithstanding that they are of the opinion that the point raised in appeal might be decided in favor of the appellant dismiss the appeal if they consider that no substantial miscarriage of justice in point of fact occurred. The court may also, in certain cases, substitute for the conviction found... | |
 | 1908 - 316 pages
...it our Anxious consideration. The prisoner was (1) Criminal Appeal Act, 1907, s. 4, sub-s. 1 : "... Provided that the Court may, notwithstanding that...substantial miscarriage of justice has actually occurred." convicted for the manslaughter of his little daughter, who died, as the result of injuries inflicted... | |
 | Herman Cohen - 1908 - 196 pages
...on any ground there was a miscarriage of justice, and in any other case shall dismiss the appeal : Provided that the court may, notwithstanding that...substantial miscarriage of justice has actually occurred. Miscarriage of Justice. — The terms of both these paragraphs mark a recoil from technicality in English... | |
 | 1908 - 516 pages
...inflicted. Bt/ t/ie proviso to s. 4 (1) of the Criminal Apfieal Act, 1907, the Court of Criminal Appeal, notwithstanding that they are of opinion that the...appeal might be decided in favour of the appellant, may dismiss the appeal, if they consider that no substantial miscarriage of Justice has actually occurred.... | |
 | American Bar Association - 1908 - 1138 pages
...decision of any question of law, or that on any ground there was a miscarriage of justice." The court may dismiss the appeal " if they consider that no substantial miscarriage of justice has actually occurred." Where the appeal is against the sentence, the appellate court " shall, if they think that a different... | |
 | Great Britain. Court of Criminal Appeal - 1909 - 320 pages
...on any ground there was a miscarriage of justice, and in any other case shall dismiss the appeal : Provided that the Court may, notwithstanding that...substantial miscarriage of justice has actually occurred. 7 EDW. 7, C. 23. XT quash the conviction and direct a judgment and verdict of acquittal to be entered.... | |
 | Great Britain - 1909 - 596 pages
...giving the Court power to dismiss an appeal, even where they think the appellant succeeds on his point, "if they consider that no substantial miscarriage of justice has actually occurred." On an appeal against sentence, the Court may pass a more as well as a less severe sentence. S. 6 contains... | |
| |
