24/06/2025
That Magistrate’s decision must be tested....Relatives and society at large are too quick to give up once you are convicted. So often decisions of the convicting and sentencing court are overturned on appeal. The challenge which many face when they go on appeal is trying to challenge the decision based on issues not argued in the lower court. An appeal from the Magistrate Court to the High Court, like every other appeals is considered based on the record of proceedings. That is to say the court of appeal will be confined only to the evidence led in the lower court and does not attempt to hear the matter afresh. Most people will have a good case but they fail to place the relevant evidence and bring the relevant witnesses to testify on their behalf and attempt to do that on appeal when the chance has gone by already.
A word of advice, do not underestimate a criminal charge once you are taken to court. Many if you can, find legal representation before you go go through trial. You hear many people say we just thought it was just a small case and the evidence was so clear that we never thought we needed a lawyer. That will be after the relative has been convicted already and the case is messed up.......
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