Question
John is convicted of murder in the Regional Magistrate's Court and sentenced to direct imprisonment for 15 years. He wishes to appeal this conviction and
John is convicted of murder in the Regional Magistrate's Court and sentenced to direct imprisonment for 15 years. He wishes to appeal this conviction and sentence. He must follow the following procedure:
The High Court judge refuses his application for leave to appeal and so he has no further remedy;
The trial court magistrate refuses his application for leave to appeal, so he must petition the President of the Supreme Court of Appeal for leave to appeal;
The trial court magistrate refuses his application for leave to appeal, so he must petition the President of the High Court division having jurisdiction for leave to appeal;
His application for leave to appeal is refused. He has no further remedy and must accept his conviction and sentence;
He must apply for leave to appeal, and if leave to appeal is refused he must appeal to the Chief Regional Magistrate of the court in which he was convicted;
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