Judgment
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
…The trial was clearly a nullity and the conviction should not be allowed to stand. The appeal is allowed, conviction quashed and sentence set aside.…
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.…