Rex v Leo and Lloyd [1914] ZATPD 60 (26 May 1914)

Criminal law.-Procedure.-Joint indictment.-Application for separate trial.-Discretion of presiding judge.-Ord. 1 of 1903, sec. 167.-Appeal to Appellate Division.-Suspension of sentence.

Section 167 of Ord. 1 of 1903 provides that when two or more persons are charged together in the same indictment, the Court may on application direct a separate trial, Held, that the granting or refusing of the application was entirely in the discretion of the presiding judge, and that where such discretion had been exercised, the Supreme Court had no power to interfere.