Question
The magistrate, M, convicts the accused, X, of malicious damage to property, and postpones the case for sentencing. M subsequently dies of Covid-19 complications before
The magistrate, M, convicts the accused, X, of malicious damage to property, and postpones the case for sentencing. M subsequently dies of Covid-19 complications before delivering sentence on the sentencing date. A, X's attorney, insists on the trial starting de novo (from the beginning), asserting that the proceedings essentially 'died with M'. Briefly discuss X's argument, in the context of section 275 of the CPA. (5) Hints: the answer to this question must be sought from chapter 19 of the Handbook. 4.2 After conviction and sentence in the district court, X decides to lodge an appeal on both the conviction and the sentence. A, his attorney, advises X that they need to approach the regional court, which has higher jurisdiction than the district court, to hear their appeal. Briefly discuss the workability of A's strategy. (5) Hints: the answer must be sought from p. 38 par. 3.1.2 of the Handbook, and must discuss the following aspects, namely, i. jurisdiction in respect of appeal from lower to higher courts; ii. the procedure to be followed before approaching a higher court (in terms of 'permission'); and iii. your conclusion in respect of A's strategy. 12 CPR3701 Oct/Nov 2022 [TURN OVER] 4.3 After his conviction and sentence, A lodges successive appeals to the courts, ending with the Supreme Court of Appeal (SCA). In the meantime, new evidence has come to light which may exonerate him. 4.3.1 Briefly discuss the executive action, in terms of s 327 of the CPA, which may be taken by the State President after the court has evaluated the accused's petition, and the (procedural) consequences of the State President's decision.
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