Case law
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Division and case type: CriminalCriminal Appeal
…The trial therefore is a nullity. The other aspect of the trial with which we are concerned is that one of the assessors did not sit during the course of the trial, on one day.…
…This is not proper and this aspect also renders the trial a nullity.…
Division and case type: CriminalCriminal Appeal
…In his 7 grounds of appeal the appellant challenged the conviction and sentence contending, inter alia, that the proceedings were a nullity as the appellant’s right under section 72 (2) (b) of the Constitution had been violated…
Division and case type: CriminalCriminal Appeal
…I would under the circumstances of this particular case, dismiss the charge and acquit the appellant on the ground that the proceedings after failure to comply with said sections would be a nullity.…