Principle

APPELLATE PRACTICE — Interference with Findings of Fact — Role of Appellate Court Where Trial Court’s Decision Is Based on Credibility of Witnesses

Area of law
APPELLATE PRACTICE
Court
Supreme Court

The trial court has the advantage of observing witness demeanour. The appellate court defers to its credibility findings. Interference is not justified simply because the appellate court would have reached a different conclusion. The principle applies to both civil and criminal appeals. The appellant must…

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