...a day befere the date of the death. By sect. 4, sub-s. (1) of the Criminal Appeal Act, 1907, it is provided that "the Court may, notwithstanding that...substantial miscarriage of justice has actually occurred." JWJ Cremlyn, for the prisoner. Shepherd Little, for the prosecution. THE COURT (Lord Alverstone CJ,...

...Edw. 7, c. 23), s. 4, sub-s. 1, proviso, was applicable; and that, notwithstanding that the points raised in the appeal might be decided in favour of the appellant, the Court muet dismiss the appeal, inasmuch as, having regard to the evidence as a whole, no substantial...

...that on any ground there was a miscarriage of justice, and in any other case shall dismiss the appeal: Provided that the Court may, notwithstanding that...be decided in favour of the appellant, dismiss the App. Div. appeal if they consider that no substantial miscarriage of justice has actually occurred."...

...notwithstanding that they are of the opinion that the point raised in appeal might be decided in favor of the appellant dismiss the appeal if they consider that no substantial miscarriage of justice in point of fact occurred. The court may also, in certain cases, substitute for the conviction found...

...it our Anxious consideration. The prisoner was (1) Criminal Appeal Act, 1907, s. 4, sub-s. 1 : "... Provided that the Court may, notwithstanding that...substantial miscarriage of justice has actually occurred." convicted for the manslaughter of his little daughter, who died, as the result of injuries inflicted...

...on any ground there was a miscarriage of justice, and in any other case shall dismiss the appeal : Provided that the court may, notwithstanding that...substantial miscarriage of justice has actually occurred. Miscarriage of Justice. — The terms of both these paragraphs mark a recoil from technicality in English...

...inflicted. Bt/ t/ie proviso to s. 4 (1) of the Criminal Apfieal Act, 1907, the Court of Criminal Appeal, notwithstanding that they are of opinion that the...appeal might be decided in favour of the appellant, may dismiss the appeal, if they consider that no substantial miscarriage of Justice has actually occurred....

...decision of any question of law, or that on any ground there was a miscarriage of justice." The court may dismiss the appeal " if they consider that no substantial miscarriage of justice has actually occurred." Where the appeal is against the sentence, the appellate court " shall, if they think that a different...

...on any ground there was a miscarriage of justice, and in any other case shall dismiss the appeal : Provided that the Court may, notwithstanding that...substantial miscarriage of justice has actually occurred. 7 EDW. 7, C. 23. XT quash the conviction and direct a judgment and verdict of acquittal to be entered....

...giving the Court power to dismiss an appeal, even where they think the appellant succeeds on his point, "if they consider that no substantial miscarriage of justice has actually occurred." On an appeal against sentence, the Court may pass a more as well as a less severe sentence. S. 6 contains...