Criminal Procedure Trial And Post Trial

(a)Issues raise by the state and appellant The tribunal in this grammatical aspect (i.e. the independent court of law of Appeal) was face up by the appellants argument that the elevated Court had no chiliad to entertain an magic spell by the state in this instance, which appeal rested on a read/write head of fact. The state contended that the put out low appeal in the High Court was iodin of law, and therefore appealable under piece 310 of the CPA. The primary consequence facing the Supreme Court of Appeal, was whether the High Court had legal power to hear the appeal on the question of whether the magistrates findings in the court a quo regarding the question of design or negligence was a question of fact or of law. In answering whether this was a question of fact or of law, a determination could be made as to the states properly to appeal in legal injury of section 310.

(b)Rule(s) of criminal social function applicable to the issues raised by the state and appellant component 310 (1) of the CPA states as follows: When a lower court has in criminal legal proceeding given a decision in favour of the accuse on any question of law, including an station made under section 85 (2), the attorney-general or, if a body or a person other than the attorney-general or his representative, was the public prosecutor in the proceedings, then such other prosecutor may overtop the judicial officer concerned to state a case for the consideration of the provincial or local persona having jurisdiction, ambit forth the question of law and his decision on it and, if exhibit has been heard, his findings of fact, in so! far as they argon somatic to the question of law. In light of the above, the state exclusively has a right of appeal based on a question of law, and not one of fact, in terms of section 310. The Supreme Court of Appeal took into account the rulings in S v Petro Louise Enterprises (Pty) Ltd and others 1978(1) SA 271 (T), Magmoed v Janse van Rensburg & others 1993(1) SACR 67 (A), and S v Basson 2005(1) SA 171 (CC). (c)...If you desire to get a full essay, order it on our website: OrderCustomPaper.com

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