ENACTMENT NO. 5 OF 2006
SYARIAH CRIMINAL PROCEDURE ENACTMENT 2006

PART VI - OF APPEAL AND REVISION
CHAPTER 2 - OF APPEAL TO THE SYARIAH APPEAL COURT



Section 162. Powers of Syariah Appeal

(1) At the hearing of an appeal, the Syariah Appeal Court shall hear the appellant or his Peguam Syarie if he appears and, if it thinks fit, the respondent or his Peguam Syarie, if he appears, and may hear the appellant or his Peguam Syarie in reply and the Syariah Appeal Court may thereupon confirm, reverse or vary the decision of the trial Court, or may order a retrial or may remit the matter with the opinion of the Syariah Appeal Court thereon to the trial Court, or may 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 might have exercised.

(2) At the hearing of an appeal, the Syariah Appeal Court 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.




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