Document ID: chunk:federal_register_of_legislation:C2008A00006:clause:2_162
Version: federal_register_of_legislation:C2008A00006
Segment Type: clause
Provision Reference: sch 2 cl 162
Character Range: 42535–43310

162  Quashing of conviction—conviction unreasonable etc.

  If, in an appeal against a conviction by a summary authority, it appears to the Australian Military Court:
 (a) that, having regard to the evidence, the conviction is unreasonable or cannot be supported; or
 (b) that, as a result of a wrong decision on a question of law, or of mixed law and fact, the conviction was wrong in law and that a substantial miscarriage of justice has occurred; or
 (c) that there was a material irregularity in the course of the proceedings before the summary authority and that a substantial miscarriage of justice has occurred; or
 (d) that, in all the circumstances of the case, the conviction is unsafe or unsatisfactory;
the Court must allow the appeal and quash the conviction.