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Circumstances under which an order of retrial can be made

Condition for ordering a retrial

Consequence of a retrial order

Effect of an order of retrial or trial de novo

Instances where an appellate court will not make an order of retrial

Primary consideration in the grant of an order of retrial

Principles governing the making of an order of retrial where there is a misapprehension as to the onus of proof

Principles guiding the courts in making an order of retrial

Purpose of a retrial

Reason for the grant of an order of retrial

The basis for ordering a retrial

The principles governing the order of retrial in a criminal proceeding

The rule that where so much depends on the credibility of evidence of parties and their witnesses, the proper course to be taken by an appellate court is to order a retrial

The test for retrying a case because a judge's or court's notes are lost

What an order for retrial or trial de novo entails

When a court should decline to make an order of retrial

When an appellate court will interfere with the exercise of a lower court's discretion in ordering a retrial

When an order of retrial cannot be made

When a retrial may be ordered

When a retrial will be ordered

Whether a matter will be sent back for retrial where the records of the court are incomplete

Whether an appellate court should remit a case back to a lower court for retrial when the case has been overtaken by events which has destroyed the foundation of the case

Whether an order for retrial is automatic where a criminal trial has been declared a nullity

Whether an order of retrial can be made where there is a miscarriage of justice

Whether a retrial will be ordered where the accused person has spent a few days in prison

Whether a retrial will be ordered where the appellant has served more than half the number of years he was sentenced in prison

Whether a retrial will be ordered where the fundamental complaint relates to a misdirection on the onus of proof

Whether a retrial would be ordered if the Appellant was charged for a capital offence and the evidence revealed a likely conviction

Whether the appellate court will send a case back for retrial for the purpose of enabling the prosecution to adduce evidence to convict the accused person

Whether the first conviction must be set aside before a retrial is ordered

Whether the long detention of an accused person is a ground to refuse to order a retrial

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