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Section 58(4) of the Criminal Procedure Act allows a police officer to both investigate and record a cautioned statement; the defence's first objection is overruled. Issues of conflicting dates and voluntariness require a trial within trial for determination.
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The trial court's failure to conduct a trial within trial upon objection to the cautioned statement constituted a fundamental and incurable irregularity, requiring the expunging of the statement and resulting in the prosecution's failure to prove its case against the appellant.
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The Court of Appeal nullified murder proceedings after finding the trial-within-a-trial process irregular and prejudicial, and ordered a retrial.
Irregularities in the conduct of trial within trial, specifically failure to retire assessors, failure to recall them after rulings, and failure to read admitted statements to assessors, are fundamental errors that vitiate the entire trial and deny a fair hearing, necessitating nullification of proceedings and an order for retrial.
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The Court of Appeal quashed murder convictions after finding a trial-within-a-trial on a confession was procedurally flawed and ordered a retrial.
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