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What outcomes can occur from a case stated appeal from the Magistrates' Court on a point of law?

The Divisional Court can impose a new sentence

The Divisional Court can quash the conviction

In a case stated appeal from the Magistrates' Court, the Divisional Court reviews the legal points in question. If the court finds that the original conviction was made in error, it has the authority to quash the conviction. This outcome is based on the principle that judicial oversight is necessary to ensure that justice is administered fairly and in accordance with the law.

Being able to quash a conviction is a powerful tool for correcting legal mistakes that may have occurred during the original proceedings. This makes it possible for individuals who have been wrongly convicted to have their convictions overturned.

Other outcomes, such as the ability to impose a new sentence or only confirm the conviction, are not part of the standard procedures associated with this type of appeal. The Divisional Court plays a crucial role in addressing legal errors without taking on the responsibilities of sentencing, which remains within the jurisdiction of the original court.

The Divisional Court can only confirm the conviction

The Divisional Court cannot vary the decision

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