- Flynote
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Criminal Procedure – regional court magistrate mero motu closing defence case in terms of s 342A(3)(d) of the Criminal Procedure Act 51 of 1977 (the Act) - notice in terms of s 342A(4)(a) not given by the State – evidence irregularly excluded - appeal court incorrectly remitting matter back to same magistrate to continue hearing – conviction and sentence set aside – s 324(c) applied.
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Cited documents 2
Judgment 1
- Director of Public Prosecutions, Transvaal v Mtshweni (52/2006) [2006] ZASCA 165 (27 September 2006)