Principle

APPELLATE PRACTICE — Failure of Trial Court to Consider Defence — Power of Appellate Court to Consider Defence

Area of law
APPELLATE PRACTICE
Court
Supreme Court

The right to a fair hearing includes the right to have one's defence properly evaluated by the trial court. When a trial court completely ignores the defence raised by an accused, it commits a serious error. The appellate court, however, is not helpless. It can…

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