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One of the High Court decisions considering the import of the injunction to impose imprisonment for life under the Criminal Law Amendment Act, considered in…
Applied to support the principle that provisions are to be read in light of the values enshrined in the Constitution and interpreted in a manner which respects…
Cited for the principle that an appeal court only interferes with a sentence if a material misdirection occurred or the sentence is disturbingly inappropriate.
Followed for the principle that where a material misdirection vitiates the trial court's sentencing discretion, an appellate court may reconsider sentence…
Court applies the principle that specified minimum sentences are not to be departed from lightly and for flimsy reasons, and that neutral factors like…
Court applies the test for substantial and compelling circumstances and the principle that deviation from prescribed sentences should not be based on frivolous…
The court applied the principles at paragraph 25 A to G regarding the approach to imposing sentence under section 51 and determining whether substantial and…
Court considers the principle that when determining substantial and compelling circumstances, the court must be conscious of the legislated sentence and that…