See Also:

• APPEAL: Concurrent Findings – Reluctance of the Supreme Court to interfere with concurrent findings – Circumstances in which the Supreme Court may interfere with – Duty of the Appellant to prove the perverseness of the findings

  “The law is quite well settled that an appellate court does not generally interfere with concurrent findings of fact unless such findings are shown to be perverse. A decision or…

• COURT – POWER OF COURT – Source of Power of Court to make an order of restitution

  “Restitution is not alien to our criminal justice system; neither was it ordered by the trial court without legal basis. The power to make order of restitution is vested in…

• COURT – Court of Appeal – Duty of the Court of Appeal as a penultimate or intermediate court to consider and make definite findings on all issues

  “I have earlier dealt, albeit briefly, with the issue of whether the court below was right to have refused to consider and make pronouncements on the issues 2 and 3…

• CRIMINAL LAW AND PRACTICE – SENTENCING – Discretion of Court over sentencing – Whether an appellate court can readily interfere with a sentence imposed by a trial court – Duty of the appellant to establish necessary conditions to warrant interference

  “The lower Court I n its judgment at page 248 of the records of appeal held as follows and I quote: “it is instructive to note here that the punishment…

• COURT – Power of the Supreme Court – Power of the Supreme Court under section 22 of the Supreme Court Act to grant reliefs declined by the trial court

  “In the sum, this issue is resolved in favour of the Appellants. The judgment of the lower court is hereby set aside. The appeal is allowed. By virtue of section…