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Criminal procedure — review — sentence — review of proceedings of magistrates court — High Court's powers of review — limitations on — whether Attorney-General may refer a case for review if he is dissatisfied with sentence passed — High Court Act [Chapter 7:06] - ss 26 to 29 — Magistrates Court Act [Chapter 7:10] — ss 57 and 62
If the Attorney-General is dissatisfied with the sentence passed by a magistrates court, his recourse is to apply to the Supreme Court for leave to appeal against the sentence. There is no longer any provision for him to refer the matter to the High Court for review. Even if the matter comes to the notice of the High Court, the court's powers are limited to withholding its certificate that the proceedings are in accordance with real and substantial justice. The court cannot set aside the sentence and substitute another one, even if, as in the present case, it considered the sentence passed to be so lenient as to be a travesty.
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