Forensic Science Glossary

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Victims could confront offenders at plea or sentencing, giving voice to the grief they have suffered. The defendant shall have the last word. (1) Only the notices of appeal on law and, insofar as the appeal on law is based on defects in the proceedings, only the facts specified when the notices of appeal on law were submitted, shall be subject to review by the court hearing the appeal. (2) Substantiation of the notices of appeal on law going beyond what is required by Section�344 subsection (2) shall not be necessary and, if incorrect, shall not be prejudicial. (1) The contested judgment shall be quashed insofar as the appeal on law is considered well-founded. (2) At the same time, the findings on which the judgment is based shall be quashed insofar as they are affected by the violation of law by virtue of which the judgment is quashed. (1) Where the judgment is quashed solely because of a violation of the law occurring on its application to the findings on which the judgment was based, the court hearing the appeal on law shall itself decide on the merits if, without further discussion of the facts, the judgment is to take the form of an acquittal or termination of proceedings or imposition of a mandatory penalty, or if, in accordance with the public prosecution office’s application, the court hearing the appeal on law deems the statutory minimum penalty or dispensing with punishment to be reasonable. (1a) Because of a violation of the law merely in respect of assessment of the legal consequences, the court hearing the appeal on law may dispense with revocation of the contested judgment insofar as the legal consequences imposed are appropriate.

Pages: 184

Publisher: CRC Press (August 31, 1999)

ISBN: 0849311969

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