S v Nama (BDSH4/235/2019) [2023] ZAWCRD 26 (15 November 2023)

S v Nama (BDSH4/235/2019) [2023] ZAWCRD 26 (15 November 2023)
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Cited documents 3

Act
2
Dispute Resolution and Mediation · Environment, Climate and Wildlife
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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