Court Code
NAHCNLD

Accused was charged with unlawful dealing in cannabis – contravening s 2 (a) of Act 41 of 1971 – Alternatively possession of cannabis contravening s 2(b) of the same Act - Court convicted the accused on alternative charge-- State not given the opportunity to lead evidence or accept a plea on alternative – Misdirection by magistrate – Plea of guilty on alternative charge which magistrate convicted accused left issues of the main charge unresolve

Civil Procedure - Mandament van spolie - Requirements - Applicant must allege and prove peaceful and undisturbed possession and deprivation of possession.

Criminal Law – Criminal capacity – Emotional stress and Intoxication – Defence of temporary non-pathological criminal incapacity raised – Onus on State to prove accused criminally responsible – Presumption that sane person acts consciously and voluntarily – Accused to lay a proper foundation for such a defence to create a reasonable doubt – Exculpatory statements to be repeated under oath unless the State failed to

Criminal Procedure – Application for leave to appeal– Clear and specific grounds- New grounds not allowed to be introduced during hearing- Application challenges both conviction and sentence- Application drafted in layman language- Duty of lawyer to file proper application- Nullity- Points in limine upheld and application struck from the roll- Accused has the right to appeal.