Case law
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Division and case type: CriminalCriminal Appeal
…To do so, the trial court is given overriding discretion to admit or reject the report.…
…Although the use of the word “may” in subsection (3) of section 77 gives the trial Magistrate full discretion to admit or reject the report, the discretion has to be exercised judicially.…
Division and case type: CriminalCriminal Appeal
…The Court must have judicial discretion to allow a change of plea before it has finally disposed of the case.…
Division and case type: CriminalCriminal Appeal
…As for sentence, the court at the appeal stage can only interfere with the lower court's discretion as to sentence if it is shown that the lower court proceeded on a wrong principle or awarded too excessive sentence or too…