National Defence Act

Marginal note:Appeal against not guilty finding

• 239.1 (1) On the hearing of an appeal respecting the legality of a finding of not guilty on any charge, the Court Martial Appeal Court may, where it allows the appeal, set aside the finding and

  • (a) direct a new trial on that charge; or

  • (b) except where the finding is that of a General Court Martial or a Disciplinary Court Martial, enter a finding of guilty with respect to the offence for which, in its opinion, the accused person should have been found guilty but for the illegality and

    • (i) impose the sentence in accordance with subsections (2) and (3), or

    • (ii) remit the matter to the court martial and direct it to impose a sentence in accordance with subsections (2) and (3).

• Marginal note:Where no other finding of guilty

  (2) Where the Court Martial Appeal Court has entered a finding of guilty and there is no other finding of guilty, the Court or the court martial shall impose a sentence that is warranted in law.

• Marginal note:Where another finding of guilty

  (3) Where the Court Martial Appeal Court has entered a finding of guilty and there is another finding of guilty, the Court or the court martial may

  • (a) affirm the sentence imposed by the court martial, if the court martial could legally have imposed the sentence on all of the findings; or

  • (b) substitute for the sentence imposed by the court martial a sentence that is warranted in law.