An unfair trial with special reference to improper splitting of charges
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Date
1997
Authors
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Publisher
University of Zululand
Abstract
In this work the candidate discusses improper splitting of charges which is a problem in our criminal courts.
The candidate starts by defining improper splitting of charges and then discusses its origin and guidelines which are followed by our courts in determining whether or not a charge has been split.
Reference is made to the provisions of Chapter Three of the interim Constitution of the Republic of South Africa which provides, among others, that an accused person is entitled to a fair trial. The right to a fair trial includes the right to have recourse by way of appeal or review and to legal representation. The candidate discusses these rights.
Numerous reported and a few unreported cases have been discussed. In these cases courts tested the facts of the cases against the tests and guiding principles. In most of them it was found that splitting of charges was improper. In many cases judges stress that improper splitting of charges results in the duplication of punishments.
In chapter four of this work the meaning and interpretation of a fair trial is discussed.
In the concluding chapter some recommendations are made.
Description
Dissertation submitted to the Faculty of Law in fulfilment of the requirements for the Degree of Magister Legume in the Department of Criminal and Procedural Law at the University of Zululand, South Africa,1997.
Keywords
Trial practice