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
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