Marginal note:Authority to quash
249.11 (1) Any finding of guilty made by a service tribunal may be quashed by a review authority.
Marginal note:Effect of complete quashing
(2) Where no other finding of guilty remains after a finding of guilty has been quashed under subsection (1), the whole of the sentence ceases to have force and effect and the person who had been found guilty may be tried as if no previous trial had been held.
Marginal note:Effect of partial quashing
(3) Where another finding of guilty remains after a finding of guilty has been quashed under subsection (1) and any punishment included in the sentence is in excess of the punishment authorized in respect of any remaining finding of guilty or is, in the opinion of the review authority that made the decision to quash, unduly severe, the review authority shall substitute for that punishment any new punishment or punishments that it considers appropriate.
- 1998, c. 35, s. 82
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