the case
determines any question before the court, and judgment is pronounced by
the president (who is the lord chief justice or senior member present),
unless in questions of law, when, if it is convenient that separate
judgments should be pronounced by the members of the court, they may be
so pronounced. The judgment of the court of criminal appeal is final,
except where the decision involves a point of law of exceptional public
importance, and a certificate must be obtained from the attorney-general
to that effect. The court of criminal appeal is a superior court of
record. An appeal may be made either against conviction or against
sentence. A person convicted on indictment may appeal either on a
question of law alone or of fact alone, or on a question of mixed law
and fact. On a point of law a prisoner has an unqualified right of
appeal, on a question of fact or of mixed law and fact there is a right
of appeal only if leave be obtained from the court of criminal appeal or
a certificate be granted by the judge who tried the prisoner that it is
a fit case for appeal. The court is given a wide discretion as to
whether a conviction may be sustained or set aside. The court may allow
the appeal if they think that the verdict of the jury should be set
aside because it is unreasonable, or because it cannot be supported
having regard to the evidence, or that the judgment should be set aside
on the ground of a wrong decision on any point of law, or that on any
ground there was a miscarriage of justice. Power is given to the court
to dismiss the appeal if they consider that no substantial miscarriage
of justice has occurred, even though they are of opinion that the point
raised in the appeal might be decided in favour of the appellant. The
sentence passed at the trial may be quashed by the appeal court and such
other sentence (whether more or less severe) warranted in law by the
verdict substituted. Notice of appeal or notice of application for leave
to appeal must be given within ten days of the date of conviction; where
a conviction involves sentence of death or corporal punishment the
sentence must not be executed until after the expiration of ten days,
and, if notice of appeal is given, not until after the determination of
the appeal or the final dismissal of the application for leave to
appeal. The act gives the court power to order any witnesses who would
have been compellable witnesses at the trial to attend and be exami