High Court of South Africa Eastern Cape, Grahamstown - 2015 March

2 judgments
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2 judgments
Citation
Judgment date
March 2015
Reported
A s 212(4) certificate can prima facie prove gas chromatograph calibration and blood-alcohol results unless rebutted by evidence.
Criminal procedure – s 212(4) certificates as prima facie proof; calibration and reliability of measuring instruments; s 212(10) applicable only where Minister prescribes requirements; plea explanations are evidential but do not displace prima facie proof without rebuttal evidence.
26 March 2015
No appellate interference: exceptional circumstances absent and comparative disparity did not justify reducing appellant's sentence.
Criminal law — Appeal against sentence — deference to trial court’s factual findings on merits; further evidence post‑sentence admissible only in exceptional circumstances; comparative sentencing — interference only for a disturbing disparity where participation and personal circumstances are comparable.
5 March 2015