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''S v Acheson''〔1991 (2) SA 805 (NM).〕 is an important case in Namibian and South African law, especially in the area of criminal procedure. It was heard in the Namibia High Court from 18 to 20 April 1990, by Mahomed AJ, who handed down judgment on 23 April 1990. T. Grobbelaar SC (with him GH Oosthuizen) appeared for the accused, and H. Heyman for the State. == Adjournments == Section 168 of the Criminal Procedure Act,〔Act 51 of 1977.〕 in terms of which a court may adjourn proceedings "if (it ) deems it necessary or expedient," bestows upon the court seized with the matter a judicial discretion as to whether to grant an adjournment or not. The word "necessary" in the section means "reasonably necessary" in the particular circumstances of the case, and "expedient," in the context, refers to what is advantageous or judicious or proper or suitable to the case. When an adjournment is sought in order to call witnesses who are not available in court, the court would, ordinarily, wish to satisfy itself as to # whether the witnesses whom the party seeks to call on the adjourned date are material witnesses; and # whether there is a reasonable expectation (not a certainty) that the attendance of such witnesses will be procured on the adjourned date. The fact that these two basic requirements are met does not mean that the court must necessarily exercise its discretion in favour of an adjournment. Other circumstances which would bear upon the exercise of a discretion include the following: * the length of the adjournment sought; * how long the case has been pending; * the duration of and reasons for any previous adjournments; * whether or not there has been any remissness from the party seeking the adjournment and, if so, the degree and nature of such remissness; * the seriousness of the offence with which the accused is charged; * the attitude and the legitimate and reasonable needs and concerns of the adversary of the party seeking the adjournment; * the resources and capacity and ability of the party affected by the adjournment to protect and advance its case on the adjourned date; * the financial prejudice caused to such party by the adjournment; * the public interest in the matter; and * whether or not the accused is in the interim to be kept in custody. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「S v Acheson」の詳細全文を読む スポンサード リンク
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