PrincipleAPPELLATE PRACTICE – Remittal of Case – Circumstances for Making Order for Retrial
- Area of law
- APPELLATE PRACTICE
- Court
- Supreme Court
This reinforces and expands Principle 352. Retrial is appropriate when: (1) trial judge failed to properly use demeanour advantage despite ample evidence requiring credibility assessment; (2) substantial procedural irregularities prevented fair trial; (3) justice requires fresh hearing. However, retrial should not be ordered when: (1)…
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