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
…It is therefore more than a reasonable possibility that if the judge had known of this letter he would have exercised his discretion under section 349 differently.…
…It is perfectly clear, as Mr Metho submitted before us, that an exercise of discretion upon incomplete or mistaken facts could amount to a matter of law upon which a party to an appeal from a subordinate court to the High…
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…