Court Code
NAHCNLD

Criminal Appeal - Procedure – Requirement that evidence be under oath – Court a quo not rendering assistance to the appellant – Matter remitted back with directions.

Criminal Procedure- Automatic Review- Child Offender- Fair-trial- Child needs to be assisted by parent or guardian- Pre-sentence report or social worker’s report necessary- Magistrates duty to safeguard interests of minor in Criminal cases.

Constitutional fair trial provisions- straightforward cases in the magistrates’ courts- normally no disclosure to an accused of the evidence the State collected- minor offenses with no reasonable prospect of imprisonment- a properly formulated charge sheet is the only facility an accused requires to adequately prepare for his trial- vital that it be properly drawn.

Criminal Procedure- Automatic review in terms of s302 (1) of the Criminal Procedure Act- Guilty plea in terms of section 112 (1) (a) of the CPA- Framing of sentences- Suspended sentences – incomplete, vague, and not specific - Community service orders lack details – Corrected on review.