412Powers of Court in special cases

412 Powers of Court in special cases (1) Where an appellant has been found guilty of an indictable offence and on the indictment the jury could have found him guilty of some other, but less serious, offence and it appears to the Court that, although he was not and could not be properly found guilty of the offence of which he was actually found guilty, the evidence given at his trial was such that a reasonable jury correctly instructed must find him guilty of the other offence, the Court may, instead of allowing the appeal, substitute for the verdict found by the jury a verdict of guilty of the other offence and pass such sentence in substitution for the sentence passed at the trial as may be warranted. (2) Where, on the finding of guilt of the appellant, the jury have found a special verdict and the Court considers that a wrong conclusion has been arrived at by the court of trial on the effect of that verdict, the Court may, instead of allowing the appeal, order such conclusion to be recorded as appears to the Court to be in law required by the verdict and pass such sentence, whether more or less severe, in substitution for the sentence passed at the trial as may be warranted in law.