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South Africa decisions
Decisions matching the current search
S v Nkeane and Others (CA&R17/2024) [2024] ZANCHC 81 (1 August 2024)
High Court special review partly overturned a robbery conviction, confirmed an assault conviction, and remitted the matter for sentencing.
Booysen v S (CA&R39/2015) [2015] ZAECGHC 135; 2016 (1) SACR 521 (ECG) (25 November 2015)
The High Court held that the district magistrate's prior involvement in the bail application created a reasonable suspicion of bias, which vitiated the fairness of the trial. The magistrate himself acknowledged, in open court, that his prior knowledge of facts from the bail hearing made it inappropriate for him to preside over the trial. Despite this, he proceeded to hear the trial, rendering the proceedings a nullity. The regional court erred in certifying the proceedings as being in accordance with justice, as it failed to consider the perception of bias and relied incorrectly on the magist…
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S v Kgaphola (114/03) [2003] ZANWHC 33 (10 June 2003)
The High Court found that the District Court Magistrate acted correctly in allowing addresses before conviction after a guilty plea, as this did not prejudice the accused and exceeded the minimum procedural requirements. The referral of the matter to the Regional Court for sentencing without hearing evidence or argument on sentence was permissible under Section 116(1)(a) of the Criminal Procedure Act, as the seriousness of the offence justified such referral. The amendment of the charge sheet was properly effected with the accused legally represented and without objection. The plea explanatio…
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