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Khoza and Others v S (121/09) [2010] ZASCA 60

1st April 2010

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Summary: Criminal Procedure ─ fair trial ─ robbery with aggravating circumstances ─ unlawful possession of machine guns and ammunition ─ manner in which trial was conducted ─ presiding judge not biased against accused ─ no irregularity committed ─ no failure of justice occurred ─ appellants' alibi defence correctly rejected ─ guilt of appellants established beyond a reasonable doubt ─ convictions and sentences confirmed.

ORDER:

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On appeal from: North Gauteng High Court (Pretoria) (Els J sitting as a court of first instance):

1. The appeal against the convictions and sentences is dismissed.

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2. The legal representatives of the appellants are disallowed from recovering any costs relating to:

(a) the heads of argument in the appeal in so far as such exceeded 60 pages;

(b) the application to amend the heads of argument;

(c) the settling of the affidavits of the appellants (and any consultations related thereto) filed in support of the application referred to in (b); and

(d) the transcript of the argument before Sapire AJ.

 

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