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

Volume 2004, Issue 12
  • ISSN :



Extracted from text ... What would you do? By Anashri Pillay Public Law Department, UCT The appellant had appeared before a magistrate's court where he was convicted of the rape of a ten-year-old girl. The High Court had confirmed the conviction and sentenced the appellant. There was evidence of injuries consistent with rape and the issue on appeal was whether it was the appellant who had perpetrated the rape. One of the issues raised was that the regional magistrate had 'become a combatant on the State's behalf in extensively leading the evidence-in-chief of the complainant's mother'. However, the court found that the questioning was ..

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