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Volume No - 11     Issue No - 12

Where appellant not given opportunity to place material

before CCA as to progress in custody, nor make submissions on re-sentence or
dismissal of appeal in exercise of "residual discretion" – Whether CCA failed to
accord appellant procedural fairness in conduct of hearing of appeal against
sentence – Whether CCA erred in determining to allow appeal against sentence
when all circumstances relevant to exercise of "residual discretion" not yet
known –

Judgement as it is


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