oa De Rebus - Criminal trials When does gross irregularity amount to vitiating the whole proceedings? The decision in S v Matthys 1999 (1) SACR 117 (C) revisited



An irregularity in criminal court proceedings occurs when the accused person has not been tried according to law and in such situations, unless no prejudice has been suffered by him, the conviction should be quashed. The conviction can be quashed only if the irregularity has resulted in a failure of justice amounting to the conclusion that the accused has not had a fair trial.


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