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South Africa decisions
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Khan v S (CC2/2021) [2022] ZAGPPHC 202 (9 March 2022)
After conviction for murder and attempted murder, the High Court revoked the accused’s bail pending sentencing, finding a high risk of evasion.
S v Mabena (CC236/04) [2005] ZAGPHC 130 (23 September 2005)
The court found that the accused had been subjected to repeated postponements and delays in the proceedings, none of which were attributable to them. The judge held that the circumstances of the case, including the fact that the accused had already been convicted but not yet sentenced, constituted exceptional circumstances under section 60(11)(a) of the Criminal Procedure Act. The judge relied on Constitutional Court authority that exceptional circumstances are inherently case-specific and cannot be rigidly defined. The court further noted that the principle of justice requires that accused p…
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