Blom v S (A95/2022)
Blom v S (A95/2022) [2023] ZAFSHC 26 (6 February 2023)
The court found that the presiding officer failed to assist or guide the appellant, who was unrepresented, during his cross-examination of the complainant, particularly on the issue of consent. This omission constituted an irregularity that resulted in an unfair trial and a failure of justice. The conviction and sentence could not stand, and the matter was referred to the Director of Public Prosecutions for a decision on whether the appellant should be retried before another magistrate.
Source excerpt
- Fair Trial Rights
- Unrepresented Accused
- Cross Examination
- Judicial Guidance
- Rape
- Failure Of Justice