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Section 162

Powers of Syariah Appeal Court and Syariah Supreme Court

of Syariah Criminal Procedure Enactment 2004

State EnactmentIn forceProvision 162 of 232
Section 162

(1)

When hearing an appeal, the Syariah Appeal Court or the Syariah Supreme Court may hear submission from the appellant and respondent and make such order –

(a)

to confirm, reverse or vary the decision of the trial

Court;

(b)

to order a retrial;

(c)

to remit the matter with its opinion to the trial Court; and

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(d)

to make such other order in the matter as to it may seem just and may by that order exercise any power which the trial Court may exercise.

(2)

At the hearing of an appeal, the court hearing the appeal may, if it thinks that a different sentence should have been passed, quash the sentence passed by the trial Court and pass such other sentence warranted in law, whether more or less severe, in substitution therefor as it thinks ought to have been passed.