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Criminal matter remitted to District Court for reconsideration in light of High Court findings

By: Hannah Godfrey BL

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High Court makes order remitting matter to District Court, directing that the District Court reconsider the applicant's sentence and any ancillary orders, and reach a decision in accordance with the findings of the High Court, which had been that the District Court had exceeded its jurisdiction in purporting to impose disproportionate restrictions on the applicant's place of residence, and also orders that the DPP pay the applicant's costs.

Supplemental judgment - principal judgment had found that District Court had exceeded its jurisdiction in placing disproportionate restrictions on applicant's place of residence - parties agreed on order to be made - matter to be remitted to District Court, with a direction that the District Court reconsider the sentence and any ancillary orders, and reach a decision in accordance with the findings of the High Court - District Court judge bound by his predecessor’s acceptance of jurisdiction and applicant bound by guilty plea - DPP to pay applicant's costs - injured party appeared before High Court to challenge matter having been dealt with summarily in District Court and argued that Circuit Court sanctions ought to apply - High Court unable to make ruling on that - given applicant's guilty plea after DPP's consent to summary disposal it would also work an injustice to do so.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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