NEW TRIAL: factors justifying an order for a new trial  


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05/07/2019 10:31 am  

 "Although the categories of circumstances justifying an order for a new trial are not closed and vary from case to case, some of the factors considered relevant by Privy Council in DENNIS (REID) V. THE QUEEN (1979) 2 W. L. R. 221 at 226 deserves attention. Some of the factors are (i) The seriousness and prevalence of the offence; (ii) The probable duration and expense of a new trial; (iii) The ordeal to be undergone for a second time by the prisoner; (iv) The lapse of the time since the commission of the offence and its effect on the quality of evidence; and (v) The nature of the case of the prosecution against the prisoner as disclosed in the evidence of the first trial- whether substantial or not". NWAFOR OKEGBU V. THE STATE (1979) LPELR-2433(SC) Per Aniagolu, JSC. (Pp.71-72, Paras.F-C)

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