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Criminal procedure — sentence — murder — extenuating circumstances — failure by High Court to give reasons — approach to determination of issue — mitigating facts mentioned by accused — weight to be given to such where accused provides evidence on which he is convicted.
Where the trial court fails to give adequate reasons for its finding on extenuation, the appellate court is at large. Where the court relies in convicting the accused on facts deposed by himself it cannot reject as improbable mitigating features alleged by him where these may reasonably be true.
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