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Cited for the proposition that s 35(5) of the Constitution has been described as a qualified exclusionary rule of evidence.
Cited as authority for describing s 35(5) of the Constitution as a qualified exclusionary rule of evidence.
Cited for the Constitutional Court's finding that a search warrant must be directed at a specific police officer, a requirement which the Acting Magistrate and…
Cited for the proposition that the DPP has an automatic right of appeal on a question of law in terms of s 311 of the CPA.
Cited in support of the State's contention that the trial court's misdirection constituted an error of law under s 319.
Followed for the principle that where an accused admits an element of an offence (such as age) in a s 112(2) guilty plea statement, the State is not required…
Court cites this authority as further support for the test for special leave to appeal, including that special circumstances are required beyond mere prospects…
The neutral citation for this judgment.
Applied for the principle that s 35(5) is not an absolute exclusionary provision and that where the violation is of a technical nature and the evidence has…
Per Nicholls JA (Hughes, Keightley and Baartman JJA and Windell AJA concurring), the SCA upheld the appeal. The court held that on the specific facts, the…
Court cites Moabi for the principle that mere dissatisfaction with a decision or alleged prospects of success are insufficient for special leave.