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Failure by the successor magistrate to comply with section 214(1) of the CPA by not recording reasons for taking over the case renders the proceedings, conviction, and sentence a nullity.
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The Court of Appeal nullified a conviction after finding the successor magistrate gave no reasons for taking over the trial, contrary to section 214(1) CPA.
The Court held the appeal incompetent for a defective notice of appeal, but also found the trial a nullity because different magistrates heard the case without recorded reasons.
Failure to comply with section 214(1) of the CPA by not recording reasons for change of magistrate rendered the proceedings and judgments of both the trial and first appellate courts null and void. Additionally, the conviction was based solely on a cautioned statement that was not read in court, constituting a fatal irregularity and miscarriage of justice. As there was no viable evidence to support the charge, a retrial was not warranted and the appellants were entitled to immediate release.
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The change of trial magistrates without assigning reasons contravened section 214(1) of the Criminal Procedure Act, rendering subsequent proceedings a nullity and necessitating remittal for retrial.
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The successor magistrate had no authority to continue and complete the trial without reasons for the predecessor's inability being recorded, rendering the proceedings and judgments of both the trial and first appellate courts a nullity.
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The successor magistrate had no authority to continue and complete the trial without reasons for the predecessor's inability being recorded, rendering the proceedings and judgments of both the trial and first appellate courts nullities.
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The successor magistrate failed to comply with section 214(1) of the Criminal Procedure Act by not informing the accused of their right to have witnesses resummoned, which is a fundamental breach of fair trial standards and renders the proceedings, judgment, and sentence a nullity.
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The High Court allowed a criminal appeal and nullified the trial because successive magistrates took over without recording reasons, contrary to section 214(1) of the CPA.
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