Article 189

At a first appeal the court shall allow the appeal if it is satisfied that there was an error at trial or that the evidence does not support the finding of guilt or innocence or the sentence at trial.

If a second appeal is heard in accordance with Article 180, the court shall allow the appeal only if it is satisfied that there was an error in the judgment of the first court of appeal.

Where it allows an appeal, the court may:

on an appeal from an order of acquittal or discharge, reverse such order and direct that the accused be retried on the same charge or charges by a court of competent jurisdiction; or

on an appeal from conviction or sentence:

reverse the finding of guilt and acquit the accused or direct that the accused be retried on the same charge or charges by a court of competent jurisdiction; or

with or without altering the finding of guilt, substitute a fit sentence, although in no case of appeal from sentence by the offender may the court of appeal substitute a more severe sentence than was imposed at trial.

Where the court of appeal confirms the conviction but alters the sentence, or vice versa, a second appeal may be filed with leave only in respect of the conviction or sentence that has been altered.

Where the court would otherwise allow an appeal based upon an error in the lower court, it may nonetheless dismiss the appeal if it is satisfied that the error would not have affected the outcome of the judgment in the court below.

A court of appeal may dismiss an appeal after hearing oral argument by the appellant and without hearing argument by the respondent.