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South Africa decisions
Decisions matching the current search
Kilo v S (369/2019) [2019] ZAECMHC 74 (1 November 2019)
On automatic review, the High Court set aside a guilty plea conviction because the accused pleaded to a different date and offence than the charge sheet.
S v N and Another (R431/2017) [2017] ZAFSHC 202 (26 October 2017)
The court found that although there was non-compliance with the Child Justice Act in failing to conduct a preliminary inquiry for accused 4 and 5, this irregularity was not so fundamental as to result in a failure of justice. The accused were minors at the time of the offence but were legally represented throughout the trial, their guardians were present, and they understood the proceedings. Notices for a preliminary inquiry were served, but for reasons unknown, the inquiry was not held. The oversight was condonable due to the effluxion of time and the accused having reached majority by the t…
Source excerpt
S v Lechesa [2007] ZAFSHC 104 (10 August 2007)
The High Court set aside convictions and sentences on charge 2 because the accused were never asked to plead to that charge. Convictions on charges 1 and 3 were confirmed.
S v Voorby (41/01) [2001] ZANWHC 31 (15 June 2001)
Review judgment setting aside convictions on two counts after a denial of cross-examination, and confirming only the count 3 conviction with a substituted sentence.
S v Felthun (458/96) [1999] ZASCA 4; [1999] 2 All SA 182 (A) (3 March 1999)
The Supreme Court of Appeal held that allowing the State to reopen its case after both sides closed was not irregular and caused no failure of justice.
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