oa News and Views for Magistrates - What would you do?

Volume 2004, Issue 04
  • ISSN :



Extracted from text ... of best case of accompanying that safety of matter 2003. the a 7 What would you do? by Anashri Pillay In a case before the regional court in Durban, the accused was convicted of rape and assault. He was then sentenced to 10 years' imprisonment. The case went on appeal to the Natal Provincial Division where it was held that there was an irregularity in the proceedings. The irregularity in question was that the magistrate had not asked 'the complainant whether she understood the nature and import of the oath' as required by s 162 of the Criminal Procedure Act ..

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