Tokens: 13
.
In
paragraph
43
,
the
Court
further
finds
that
(
a
)
an
insoluble
problem
was
posed
by
fixing
different
minimum
penalties
,
and
(
b
)
that
the
Attorney
General
had
an
unfettered
discretion
and
that
the
decision
was
inevitably
subjective
.
As
to
point
(
a
)
the
Criminal
Code
itself
contains
provisions
which
lay
down
different
maxima
and
minima
within
the
same
provision
.
Moreover
,
and
this
reflection
applies
to
both
point
(
a
)
and
point
(
b
)
,
the
discretion
of
the
Attorney
General
is
not
as
unfettered
as
it
seems
.
A
Constitutional
Court
decision
of
16
March
2012
held
as
follows
:
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