Nabolisa v Learned Magistrate Ms Syta Prinsloo and Another (12249/2018)
Nabolisa v Learned Magistrate Ms Syta Prinsloo and Another (12249/2018) [2021] ZAGPJHC 115 (8 April 2021)
The court found that the applicant's failure to request further particulars or challenge the forensic evidence during trial was a result of his own and his legal team's strategy, and cannot be remedied by review. The non-disclosure of working papers did not amount to a gross irregularity, as the applicant was provided with the docket and had opportunities to challenge the evidence. The conviction was for dealing in drugs, not a non-existing offence, and did not rely on an unconstitutional presumption. The conduct of the state's counsel, while robust, did not render the proceedings unfair. Mos…
Source excerpt
- Review Of Criminal Proceedings
- Fair Trial Rights
- Disclosure Of Evidence
- Onus In Criminal Trials
- Drug Offences
- Sentencing Irregularities