Defence where defences of various accused are

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Defence – Where defences of various accused are different they should not be considered together. 1967/251. Discharge of accused following withdrawal of complaint in Primary Court no bar to new proceedings. 1967/247. Dispensing with presence of accused – When proper. 1968/464. Extra – Judicial statement – Must be re-recorded at trial. 1968/189. Interpretation of evidence – Record must show accused understood lan- guage used to interpret. 1967/394 Judgment – Failure by trial magistrate to analyse prosecution case impro- per. 1968/216. Jurisdiction – Causing death by dangerous driving – Triable by Resident Magistrate not District Magistrate. 1968/178. Endangering safety of railway passengers – Triable by High Court only. 1967/8.
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In cost by mates – Triable by High Court only, 1968/140. Obstructing working of train – Triable by High Court only. 1968/97. Notes taken by judge in view of locus – Must be read out in court. 1967/12. Petition for clemency – Not an appeal. 1967/109. Plea – Failure to take plea nullifies proceedings. 1967/74; 1967/133. Must be taken for every charge 1968/424; 1968/425; 1968/426. Plea of guilty – Acceptable where clear despite claim that it was obtained by inducement. 1967/305. Accused cannot plead guilty when plea is taken to possession of prop- erty suspected of having been stolen – Must be given opportunity to give expla- nation. 1967/273. Accused must be given opportunity to confirm or deny facts stated. 1968/427. Arson – Equivocal. 1968/32. Defilement – Equivocal. 1967/96. Driving while efficiency impaired by drinks – Equivocal. 1968/151. Grievous harm – Equivocal. 1968/46; 1968/56. May be withdrawn before sentencing. 1968/429. Must constitute full and explicit admission of ingredients of offence. 1967/397. No appeal from unequivocal guilty plea. 1967/239. Possession of housebreaking instruments. – Equivocal. 1967/396. Robber – Equivocal. 1967/150. C11 CRIMINAL PROCEDURE( Continued) Plea of guilty - Statement of facts either meaningless or do not support charge. 1968/466. Theft – equivocal . 1968/333.
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Theft by public servant – Equivocal. 1967/152. Transfer of firearm – Equivocal. 1968/457. Uttering forged notes – Equivocal. 1967/82. When advocate may enter plea on behalf of accused. 1967/395 Words of accused in pleading guilty must be recorded as nearly as possi- ble. 1967/257. Prosecution – May not produce evidence after close of defence case except in most unusual circumstances. 1967/298; 1967/339. Record of evidence – Gratuitous punctuation of accused’s testimony improper. 1968/57. Retrial – Appropriate where first trial declared nullity. 1968/75. Appropriate where trial court neither considered nor decided issues in case. 1967/242. Criteria in ordering. 1967/444; 1968/149. Not ordered where accused has spent substantial times in prison. 1968/392. Ordered where it would allow prosecution to fill in gaps in case. 1967/60. When trial before another magistrate is appropriate. 1967/453 Return – Proper form in offences coming under minimum Sentences Act.
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  • Fall '17
  • Dean Majamba

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