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D.H v S (Appeal) (A173/2024) [2025] ZAWCHC 269 (25 June 2025)
The High Court dismissed a criminal appeal against rape and common assault convictions, finding the complainant credible and the sentence justified.
S v Gordon (171298) [2018] ZAWCHC 106 (29 August 2018)
The High Court found that the proceedings in the Magistrates' Court were not in accordance with justice. The Magistrate failed to keep a proper record, did not provide reasons for judgment, and did not adequately explain the accused's rights, particularly regarding admissions and cross-examination. The accused, being unrepresented, was not properly assisted, and his constitutional rights were not protected. The absence of a mechanical recording and the use of Afrikaans as the language of record, contrary to judicial directives, further compromised the fairness of the trial. The cumulative eff…
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