Constitutional application
| dc.contributor.author | Pillay, Anashri | |
| dc.date.accessioned | 2017-04-10T10:17:43Z | |
| dc.date.available | 2017-04-10T10:17:43Z | |
| dc.date.issued | 2005 | |
| dc.date.updated | 2016-01-05T09:55:46Z | |
| dc.description.abstract | In Van Eeden v Director of Public Prosecutions, Cape of Good Hope 2005(2) SACR 22 (C) the court considered the relationship between plea agreements and the right to a fair trial, protected in s 35 of the Constitution. In this case, the applicant and a co-accused had been charged with contravening the Drugs and Drug Trafficking Act 1992 (at 23i-j). The Director of Public Prosecutions, Cape of Good Hope acknowledged the existence of a plea agreement but there was some dispute as to the terms of that agreement (at 25d-e). The applicant’s version, confirmed by the attorney who had entered into the agreement on his behalf, was that the prosecution had agreed not to prosecute him if his co-accused pled guilty to the charge (at 24a-b). The prosecution claimed that proceedings against the applicant were terminated because of insufficient evidence at the time (at 25h-i). | |
| dc.identifier.apacitation | Pillay, A. (2005). Constitutional application. <i>South African Journal of Criminal Justice</i>, http://hdl.handle.net/11427/24173 | en_ZA |
| dc.identifier.chicagocitation | Pillay, Anashri "Constitutional application." <i>South African Journal of Criminal Justice</i> (2005) http://hdl.handle.net/11427/24173 | en_ZA |
| dc.identifier.citation | Pillay, A. (2005). Constitutional application: case review. South African Journal of Criminal Justice, 18(3), p-400. | |
| dc.identifier.ris | TY - Journal Article AU - Pillay, Anashri AB - In Van Eeden v Director of Public Prosecutions, Cape of Good Hope 2005(2) SACR 22 (C) the court considered the relationship between plea agreements and the right to a fair trial, protected in s 35 of the Constitution. In this case, the applicant and a co-accused had been charged with contravening the Drugs and Drug Trafficking Act 1992 (at 23i-j). The Director of Public Prosecutions, Cape of Good Hope acknowledged the existence of a plea agreement but there was some dispute as to the terms of that agreement (at 25d-e). The applicant’s version, confirmed by the attorney who had entered into the agreement on his behalf, was that the prosecution had agreed not to prosecute him if his co-accused pled guilty to the charge (at 24a-b). The prosecution claimed that proceedings against the applicant were terminated because of insufficient evidence at the time (at 25h-i). DA - 2005 DB - OpenUCT DP - University of Cape Town J1 - South African Journal of Criminal Justice LK - https://open.uct.ac.za PB - University of Cape Town PY - 2005 T1 - Constitutional application TI - Constitutional application UR - http://hdl.handle.net/11427/24173 ER - | en_ZA |
| dc.identifier.uri | http://hdl.handle.net/11427/24173 | |
| dc.identifier.vancouvercitation | Pillay A. Constitutional application. South African Journal of Criminal Justice. 2005; http://hdl.handle.net/11427/24173. | en_ZA |
| dc.language.iso | eng | |
| dc.publisher.department | Department of Public Law | en_ZA |
| dc.publisher.faculty | Faculty of Law | en_ZA |
| dc.publisher.institution | University of Cape Town | |
| dc.source | South African Journal of Criminal Justice | |
| dc.source.uri | https://juta.co.za/law/products/3599-south-african-journal-of-criminal-justice/ | |
| dc.title | Constitutional application | |
| dc.type | Journal Article | en_ZA |
| uct.type.filetype | Text | |
| uct.type.filetype | Image | |
| uct.type.publication | Research | en_ZA |
| uct.type.resource | Article | en_ZA |