Northern Local Division - 2024 November

4 judgments
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4 judgments
Citation
Judgment date
November 2024
15 November 2024
12 November 2024

Criminal Procedure – Bail – Appeal against the magistrate’s refusal to grant bail – Section 65(4) Criminal Procedure Act 51 of 1977 – Appellate court must not set aside decision of lower court unless satisfied that decision was clearly wrong – Court found that it is not in the interest of the public and the administration of justice for the appellant to be granted bail – No misdirection found in the exercise of the magistrate’s discretion. 

1 November 2024

Criminal Procedure – Assault with intent to do grievous bodily harm – Magistrate misdirected himself by failing to ask accused questions pertaining to the intention at the time of assaulting the complainant – Procedure followed riddled with irregularities and the accused has already served his sentence – No need to remit the matter – The conviction and sentence set aside.

1 November 2024