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In nature s garb deliveries 1

Gay Porn archive In nature s garb deliveries 1.

In the matter between: No indication should be given to a trial court that an accused has a previous conviction.

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Such an indication is nevertheless not an irregularity which per se vitiates the trial. Whether there has been an irregularity, ie whether the accused's constitutional right to a fair trial has been infringed, is a question of fact in each case. The convictions were confirmed by the Witwatersrand Local Division Lewis and Cachalia JJ but three years of the second appellant's sentence was conditionally suspended.

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It also granted leave to appeal to both appellants on their convictions generally, even although both judges were of the view 'that another court is not likely [to] or may not reasonably arrive at another conclusion' in this regard. Leave to appeal against sentence was refused.

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There is obviously no merit in either appeal for the reasons adequately set out by the Court a quo at cg, which it is not necessary to repeat. The purpose of the requirement for leave to appeal is to protect an appeal court against the burden of having to deal with appeals in which there are no prospects of success, and further to ensure that In nature s garb deliveries 1 roll of this Court is not clogged with hopeless cases: In other words, the magistrate, before convicting the second appellant, must have been aware of the fact that he was dealing with an accused who had at least one previous conviction which resulted in imprisonment.

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Not every deviation from a norm constitutes an irregularity in law. Where the deviation is fundamental, it is properly categorized as an irregularity per se.

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If the deviation is not fundamental, it is not an irregularity at all unless it results in prejudice. It is for the individual court to decide whether this is the right and proper course to be followed: Where it exists, or appears to exist, the judicial officer will be held to have been bound not to have heard the case, and, having done so, the accused would not have received a fair trial.

In this event, an irregularity would have been committed.

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But this need not necessarily be the case. Ex hypothesione is dealing with a case where the detrimental information does not comprise admissible evidence of the accused's actual commission of the crime for which he is charged; moreover, it has not been admitted, but, on the contrary, was, in effect, rejected and purportedly disregarded by the trial court.

It is assumed that a judge or magistrate, as well as assessors, will not, in view of their training, normally be influenced thereby but will give an objective decision on the merits.

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And a Judge is specially trained to separate the two; to acquire the one without entertaining the other. He is continually confronted with the task.

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