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Criminal Law [2019] ZAGPPHC 177

Oguegbu v National Director of Public Prosecutions and Another (86184/2017)

Oguegbu v National Director of Public Prosecutions and Another (86184/2017) [2019] ZAGPPHC 177 (28 May 2019)

Court
North Gauteng High Court, Pretoria
Case number
86184/2017
Judge
N Janse Van Nieuwenhuizen

The court found that the applicant failed to establish that the loss or destruction of the voice recordings and money resulted in insurmountable prejudice to his defence or rendered a fair trial impossible. The evidence in question was not crucial to the charge of dealing in or possession of heroin, and the applicant's allegations of deliberate deletion were speculative and unsupported by facts. The court further held that the seriousness of the offence weighed against granting the relief sought. Accordingly, the application for a permanent stay of prosecution was dismissed.

Source excerpt

  • Permanent Stay Of Prosecution
  • Right To Fair Trial
  • Section 35 Constitution
  • Loss Of Evidence
  • Trial Prejudice
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Criminal Law [2015] ZANWHC 70

M3D Developers (Pty) Ltd and Another v National Director of Public Prosecutions N.O and Others (M372/2014)

M3D Developers (Pty) Ltd and Another v National Director of Public Prosecutions N.O and Others (M372/2014) [2015] ZANWHC 70 (29 October 2015)

Court
North West High Court, Mafikeng
Case number
M372/2014
Judge
Kgoele

The court found that the applicants failed to provide sufficient detail or proof regarding the documents allegedly seized and not returned. The respondents provided inventories and police dockets listing the items returned, and a forensically sound image of the lost laptop was made available to the applicants. The court held that disputes regarding the existence and return of documents, and any resulting prejudice, are matters for the trial court to determine. The applicants did not establish irreparable trial prejudice or infringement of their right to a fair trial sufficient to warrant a st…

Source excerpt

  • Stay Of Prosecution
  • Trial Prejudice
  • Loss Of Evidence
  • Right To Fair Trial
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Admiralty And Maritime [2012] ZASCA 57

owners of the MV 'Banglar Mookh' v Transnet Ltd (842/2011)

owners of the MV 'Banglar Mookh' v Transnet Ltd (842/2011) [2012] ZASCA 57; 2012 (4) SA 300 (SCA); [2012] 3 All SA 632 (SCA) (30 March 2012)

Court
Supreme Court of Appeal
Case number
842/2011
Judges
Farlam, Cachalia, Tshiqi, Wallis, Plasket

The Supreme Court of Appeal found that the trial judge misdirected himself by relying unduly on demeanour and expert reconstruction based on imperfect data, and by failing to give proper weight to contemporaneous statements and the wider probabilities. Upon a fresh assessment of the record, the court held that the pilot's version was supported by the probabilities and should not have been rejected. The evidence did not establish gross negligence or recklessness on the part of the pilot, and thus the statutory exemption from liability applied. The respondent's failure to retain the VTS records…

Source excerpt

  • Pilot Liability
  • Gross Negligence
  • Recklessness
  • Exemption From Liability
  • Loss Of Evidence
  • Fair Trial
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Criminal Law [2007] ZAWCHC 61

Broome v Director of Public Prosecutions, Western Cape and Others, Wiggins v W/NMDE Streeklanddros, Cape Town and Others (9413/05, 9963/05)

Broome v Director of Public Prosecutions, Western Cape and Others, Wiggins v W/NMDE Streeklanddros, Cape Town and Others (9413/05, 9963/05) [2007] ZAWCHC 61; 2008 (1) SACR 178 (C) (31 October 2007)

Court
Western Cape High Court, Cape Town
Case number
9413/05, 9963/05
Judges
Traverso, Le Grange

The court found that the delay of approximately seven years between the completion of the investigation and the commencement of prosecution was both inexplicable and inexcusable, and that the State failed to provide adequate justification for the delay. The loss of substantial audit working papers, which were essential for the accused to prepare their defence, occurred while the documents were under State control. This loss, coupled with the undue delay, resulted in irreparable trial prejudice to the accused, depriving them of the ability to mount a proper defence. The court held that the int…

Source excerpt

  • Permanent Stay Of Prosecution
  • Unreasonable Delay
  • Right To Fair Trial
  • Loss Of Evidence
  • Constitutional Rights
  • Trial Prejudice
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.