Page 129 - Magistrates Conference 2019
P. 129
COURT OF APPEAL WILL NOT INTERFERE
“While it has been abundantly clear that an appellat court will not
interfere with an inferior court’s exercise of discretion, simply
because the appellate court would have exercised its discretion on
the same facts differently… it will intervene in circumstances in
which a magistrate is found to have exercised his discretion
unjudicially or improperly”
Weekes J.A. in
Cumberbatch v Manning and Vasqueo
Mag. App. No. 3 of 2012