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See Also:
- COURT – Contempt of Court – Attitude of the Court to Contempt of Court
"I wish to emphasize that the Court's responsibility is not restricted to simply delivering judgments, but the Court has a vital role to preserve its integrity by ensuring that its…
- JUDGMENT AND ORDER – Order of Court – Effect of Disobeying an Order of Court
"Where an individual is enjoined by an order of the Court to do or to refrain from doing a particular act, he has a duty to carry out that order.…
- 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 – POWER OF COURT – Source of Power of Court to make an order of restitution
“A Cursory look at S.11 of the Act clearly states what a trial court should do whenever it convicts a defendant charged before it for an offence under the Act.…
- CRIMINAL LAW AND PRACTICE – SENTENCING – Discretionary powers of court to impose lesser sentence – Need to exercise discretion judicially and judiciously – When an appellate court may interfere with exercise of discretion by the trial court
“Where the law prescribes the maximum term of imprisonment for an offence, the trial court has discretion to impose less but not more than the maximum sentence prescribed. The discretion…