S v Mangetshe and Another (RCB 78/2022) [2023] ZAWCRD 25 (11 December 2023)

S v Mangetshe and Another (RCB 78/2022) [2023] ZAWCRD 25 (11 December 2023)

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Cited documents 2

Act
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Citizenship and Immigration · Education · Environment, Climate and Wildlife · Health and Food Safety · Human Rights · International Law · Labour and Employment · Public administration
Judgment
1
Reported
Murder and robbery convictions overturned for insufficient proof of appellant's presence; theft conviction upheld.
* Criminal procedure – discharge at close of State case; s 174 Criminal Procedure Act; right to fair trial (s 35(3) Constitution); when discretion to refuse discharge must yield; self-incrimination vs incrimination by co-accused; evidence of presence and common purpose; sufficiency of proof beyond reasonable doubt.

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