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The Court of Appeal held that the trial before a Resident Magistrate with Extended Jurisdiction was a nullity because no proper transfer order was made under section 256A(1).
The transfer of the case to the Resident Magistrate with Extended Jurisdiction after plea and preliminary hearing was conducted by the High Court violated section 256A(1) of the Criminal Procedure Act, rendering all subsequent proceedings a nullity.
Source excerpt
The transfer of the case to the Resident Magistrate with extended jurisdiction after preliminary hearing was valid as preliminary hearing is not part of the trial; the confession statement was inadmissible due to statutory defects; the evidence of PW2 was credible and sufficient to uphold the conviction.
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