Separate sentencing on affirmed conviction upheld where no prior sentence existed and the accused was heard in revision.

Where conviction on one count was set aside but conviction on another count was affirmed, the court treated the two findings as distinct offences and held that sentence could be imposed on the affirmed count even though the trial court had not separately sentenced it. That order was not an enhancement of an existing sentence, because no sentence had previously been passed on that count; it was a consequential order flowing from affirmance of guilt. The court also held that the absence of a formal notice under the revisional enhancement provision did not invalidate the order, because the accused was heard on both conviction and sentence and suffered no prejudice.

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Issues: Whether, after setting aside the conviction under one count but affirming the conviction under another count, the appellate or revisional court could impose a sentence on the affirmed count where no separate sentence had been passed by the trial court, and whether absence of a formal notice under the revisional enhancement provision vitiated the order.

Analysis: The affirmed and reversed convictions were treated as distinct findings relating to separate offences. On that basis, the court held that the case was not one of merely altering a finding within the meaning of the appellate provision, and the sentence imposed for the affirmed offence was not an enhancement of an existing sentence because no sentence had previously been imposed on that count. The sentence was a consequential and incidental order following affirmance of guilt and was competent under the appellate and revisional powers. The accused had in fact been heard on both conviction and sentence in revision, so the requirements of notice and opportunity to show cause were satisfied and no prejudice resulted.

Conclusion: The High Court acted within its powers in imposing the sentence on the affirmed count, and the absence of a formal notice did not invalidate the order.

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