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South Africa decisions
Decisions matching the current search
Khanye v S (A118/2021) [2022] ZAFSHC 36 (28 February 2022)
The High Court upheld an appeal because the trial record was missing and could not be reconstructed, making a fair appeal impossible.
Bonase v S (A207/2007) [2018] ZAGPJHC 50 (16 March 2018)
The appeal court cannot fairly adjudicate the appeal in the absence of the trial record, as neither the transcript nor any reconstruction is available. The inability to review the evidence and proceedings undermines the appellant's constitutional right to a fair trial and appeal. The responsibility for ensuring the record is available is shared among the appellant, legal representatives, and court officials, but the failure to produce the record constitutes a technical irregularity that justifies setting aside the conviction and sentence. The appellant's right to a fair appeal is paramount an…
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Ngomane v S (A81/2011) [2011] ZAWCHC 223 (13 May 2011)
The High Court upheld a criminal appeal after the State conceded the trial was marred by fundamental irregularities breaching the accused’s fair trial rights.
S v Nkosi (A801/09) [2009] ZAGPPHC 163; 2010 (1) SACR 60 (GNP) (10 September 2009)
The trial court denied the accused his right to legal representation by refusing to allow him another Legal Aid attorney after his initial attorney withdrew. This denial rendered the trial unfair and vitiated the proceedings. Furthermore, the record does not clearly reflect that the accused properly pleaded to the charge, creating further procedural irregularity. On the merits, the accused's version was reasonably possibly true and not rebutted by the State. The combination of these irregularities justified setting aside both the conviction and sentence.
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S v Mosia (255/2006) [2006] ZAFSHC 148 (16 March 2006)
Because the record of proceedings was lost and could not be reconstructed due to defective recording apparatus and stolen notes, and because automatic review is compulsory to protect undefended accused, the conviction and sentence must be set aside. This is consistent with established precedent in both automatic review and criminal appeals.
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