CRIMINAL LAW ā Discretion of Court ā Exercise of Discretion ā Each Case Dictated by its Own Facts
Principle Statement
It is settled that every exercise of discretion is dictated by the facts and circumstances of the particular case. It follows therefore that in matters of discretion no one case is a binding authority for the exercise of discretion in a subsequent case.
Ratio Decidendi (Source)
Per Tabai, JSC, in Sunday v. State (2010) NLC-123-46-2009(SC) at p. 9; Paras DāE.
"It is settled that every exercise of discretion is dictated by the facts and circumstances of the particular case. It follows therefore that in matters of discretion no one case is a binding authority for the exercise of discretion in a subsequent case."
Explanation / Scope
This principle establishes that judicial discretion is exercised based on the facts and circumstances of each case. No case is a binding authority for the exercise of discretion in a subsequent case. The principle applies where discretion is exercised. It ensures that discretion is not rigidly applied. The principle reflects that each case is unique. It prevents mechanical application of precedents. The court must consider the specific facts. The principle provides guidance on the exercise of discretion.
