Criminal Procedure Trial And Post Trial

(a)Issues raised by the state and appellant

The court in this grammatical case (i.e. the Supreme court of law of Appeal) was faced by the appellants argument that the elevated Court had no grounds to entertain an appeal by the state in this instance, which appeal rested on a question of fact. The state contended that the issue low appeal in the High Court was one of law, and therefore appealable under piece 310 of the CPA. The primary issue facing the Supreme Court of Appeal, was whether the High Court had jurisdiction to hear the appeal on the question of whether the magistrates findings in the court a quo regarding the question of design or negligence was a question of fact or of law. In answering whether this was a question of fact or of law, a determination could be made as to the states properly to appeal in terms of section 310.





(b)Rule(s) of criminal social function applicable to the issues raised by the state and appellant

component 310 (1) of the CPA states as follows:

When a lower court has in criminal proceedings given a decision in favour of the accused on any question of law, including an station made under section 85 (2), the attorney-general or, if a body or a person other than the attorney-general or his representative, was the public prosecutor in the proceedings, then such other prosecutor may require the judicial officer concerned to state a case for the consideration of the provincial or local persona having jurisdiction, setting forth the question of law and his decision on it and, if evidence has been heard, his findings of fact, in so far as they argon material to the question of law.

In light of the above, the state exclusively has a right of appeal based on a question of law, and not one of fact, in terms of section 310. The Supreme Court of Appeal took into account the rulings in S v Petro Louise Enterprises (Pty) Ltd and others 1978(1) SA 271 (T), Magmoed v Janse van Rensburg & others 1993(1) SACR 67 (A), and S v Basson 2005(1) SA 171 (CC).

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