|
Conviction quashed after trial court improperly invoked s201 and prosecution failed to prove theft beyond reasonable doubt.
Criminal appeal – theft (s278 Penal Code) – prima facie case at close of prosecution – trial court powers under s201 CP&EC – s201 invoked sparingly, parties to be notified – judicial impartiality and forum choice – improper calling of witness after defence; evidence struck out – conviction unsafe; quashed.
|