S v Bjanyane - Appeal (A51/2020)
S v Bjanyane - Appeal (A51/2020) [2023] ZAGPJHC 1087; 2024 (1) SACR 428 (GJ) (28 September 2023)
The court held that sections 315 and 316 of the Criminal Procedure Act only afford a right of appeal to accused persons and do not permit the State to appeal an acquittal to the Full Court. The only route for the State to appeal an acquittal from the High Court is under section 319 by reserving a question of law arising on the trial, which may be done after judgment. The court found that the State had followed the incorrect statutory procedure and, as a result, the Full Court lacked jurisdiction to hear the appeal. The point in limine raised by the respondent was upheld, and the appeal was st…
Source excerpt
- Criminal Procedure Act
- Jurisdiction Of Full Court
- Reservation Of Question Of Law
- Appeal By State
- Acquittal
- Leave To Appeal