68JDetermination of appeal

68J Determination of appeal

(1) A Military Judge may determine an appeal in favour of a convicted person on grounds that were not set out in the notice of appeal or that were not argued by the convicted person.

(2) If:

(a) the convicted person fails to comply with a direction given by the Military Judge; and

(b) the Military Judge is satisfied that it would not be unjust to proceed with the determination of the appeal in the absence of compliance with the direction;

the Military Judge may determine the appeal on the basis of the material then before the Court.