Court Code
NAHCNLD

Criminal Procedure- Automatic review- Convictions are proper- Framing of community sentence orders- Suspended sentences and conditions of suspension should be framed in no ambiguous terms- A suspended sentence should be clear for the accused to be certain of what he is expected or prohibited to do and how he is to comply with the conditions of the sentence imposed.

Criminal procedure- Bail application – New facts – applications brought by way of affidavits- two legged test to be applied – facts should be new and secondly should be sufficient to displace the initial bail refusal – evidence considered against the backdrop of initial application. 

Criminal Procedure – Bail appeal- Assault common and Assault by threat- Combating of Domestic Violence Act- Application for condonation- Magistrates Court Rules- Requirements for application for condonation- Amended notice of appeal filed out of the prescribed period- Offences charged not listed in

Delict – Damages – Malicious prosecution – Whether established on evidence – Onus to allege and prove on plaintiff-Plaintiff to prove animus injuriandi – No prima facie case proven-Application for absolution from instance granted.

Criminal Procedure- Criminal Appeal- Condonation- Explanation for delay- Unreasonable and unacceptable- No merits and prospects of success- Appeal struck from the roll and considered finalized.   

Criminal procedure- Automatic review- Guilty plea- Housebreaking with intent to steal proven and conviction on housebreaking with intent to commit a crime unknown to the State substituted- Section 262 (2) of the Criminal Procedure Act 51 of 1977 found application- Sentence confirmed.