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An appeal to the high court can be on points of law or on points of facts, or on both facts and law. An appeal can also be civil or criminal. Section 72 of the civil procedure code states that "where a case is heard by a bench of two or more judges the appeal shall be decided in accordance with the opinion of the majority of such judges".
The court did state that they would have considered the case had the act in question been consensual. [8] S v Kampher [9] was such a case of consensual sex, although distinguished by the fact that it had occurred between prisoners in a correctional centre. [1] The defendant was sentenced to a year's imprisonment, suspended for three years.
The Criminal Procedure Act, 1955 (No 56) The Criminal Procedure Amendment Act, 1958 (No 9) The Criminal Procedure Amendment Act, 1963 (No 92) The Criminal Procedure Amendment Act, 1965 (No 96) The Criminal Procedure Amendment Act, 1968 (No 9) The Criminal Procedure Act, 1977 (No 51) The Criminal Procedure Matters Amendment Act, 1978
The court invalidated section 49(2) of the Criminal Procedure Act, 1977, which provided that the killing of certain fugitive suspects constituted justifiable homicide. Writing on behalf of a unanimous court, Justice Johann Kriegler held that the Bill of Rights required that force should be used in arrests only where such force is reasonable and ...
Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or incarcerated, and results in the conviction or acquittal of the defendant. Criminal procedure can be ...
S v Acheson [1] is an important case in Namibian and South African law, especially in the area of criminal procedure. It was heard in the Namibia High Court from 18 to 20 April 1990, by Mahomed AJ, who handed down judgment on 23 April 1990.
Following a section of introductory text, the act outlines the relevance of its content in the first section to persons charged with a summary offence, indictable offence or one that is triable either way, as well as the criminal investigation into such an offence and as to whether such a person should be charged with the offence or found guilty of it once charged. [2]
In conclusion, Sergeant Van der Westhuizen, when he arrested the respondent, was a member of the Force as defined in the Police Act. Being a peace officer, he was entitled in terms of section 40 (1) of the Criminal Procedure Act to arrest the respondent without a warrant. He purported to arrest the respondent.