Three judges will then decide to either quash the conviction, reject the appeal or order a retrial. |
In Mazo the Court of Appeal quashed the conviction and stated that a person cannot be guilty of theft of property received as a valid gift. |
Nine months after his conviction, however, an appeals judge acquitted him of all charges. |
For the reasons set out in the judgment which is handed down we allow this appeal and quash the conviction. |
The jury convicted and the Court of Appeal refused to quash the conviction. |
I am therefore of the view that it is not appropriate to substitute a verdict of acquittal for the conviction. |