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History of this document
01 March 1992
10 July 1991 this version
Published in Government Gazette 13363
27 June 1991
Assented to
Cited documents 0
Documents citing this one 5
Gazette
3Judgment
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Failure to personally canvass the accused's waiver of assessors in a murder trial constituted a fatal irregularity, vitiating proceedings.
Criminal procedure – Assessors – Section 93 ter (1) of the Magistrates' Court Act 32 of 1944 – Requirement for appointment or explicit waiver by accused in murder trials – Failure to confirm waiver personally with accused vitiates proceedings – Fair trial rights – Irregularity leads to setting aside of conviction and sentence.
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Attempted murder is not a competent verdict to robbery; conviction replaced with assault with intent to do grievous bodily harm and sentenced to four years.
Criminal procedure – review under s304(4) – conviction of an incompetent verdict (attempted murder on robbery charge) is a gross irregularity; s260 CPA – competent verdicts to robbery; s93ter MCA – assessors discretionary, not peremptory except for murder; sentencing afresh by appellate/review court; s103 Firearms Control Act – automatic declaration of unfitness; s282 CPA – antedating of sentence.
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