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Report No. 35

Topic Number 32(a)

Considerations guiding the discretion of the court

592. Considerations guiding the discretion of the court.-

Courts exercise their discretion (as to awarding the higher or lesser sentence in a capital case) on certain broad principles. The case-law on the subject, representative examples of which are collected elsewhere1, shows in a fair measure some of the important principles that are taken note of, in this context.

1. See analysis of case-law.

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