411Determination of appeal in ordinary cases

411 Determination of appeal in ordinary cases (1) The Court on any such appeal against a finding of guilt shall allow the appeal if it is of the opinion that the verdict of the jury should be set aside on the ground that it is unreasonable or cannot be supported having regard to the evidence or that the judgment of the court of trial should be set aside on the ground of the wrong decision on any question of law or that on any ground there was a miscarriage of justice and in any other case shall dismiss the appeal.

Criminal Code Act 1983 310 (2) The Court may, notwithstanding that it is of the opinion that the point or points raised by the appeal might be decided in favour of the appellant, dismiss the appeal if it considers that no substantial miscarriage of justice has actually occurred. (3) Subject to the special provisions of this Division the Court shall, if it allows an appeal against a finding of guilt, quash the finding of guilt and direct a judgment and verdict of acquittal to be entered. (4) On an appeal against a sentence, the Court must: (a) if it is of the opinion that another sentence, whether more or less severe, is warranted and should have been passed – quash the sentence and either: (i) impose another sentence; or (ii) remit the matter to the court of trial; or (b) in any other case – dismiss the appeal.