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Criminal Law [2013] ZAECGHC 2

Lowery v Jordan (CA265/2011)

Lowery v Jordan (CA265/2011) [2013] ZAECGHC 2 (24 January 2013)

The court found that in both cases, the magistrate failed to adequately explain the accused's right to legal representation as required by section 73(2A) of the Criminal Procedure Act and section 35(3)(f) and (g) of the Constitution. The record was ambiguous and contradictory, with pro forma documents indicating both an election for own defence and a stand-down for legal aid, while the transcript showed only a brief and insufficient explanation. The accused were not afforded a real opportunity to make an informed election regarding legal representation. As a result, both accused were deprived…

  • Right To Legal Representation
  • Fair Trial
  • Criminal Procedure Act Section 73
  • Constitution Section 35
  • Setting Aside Conviction
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