|
A charge sheet’s form does not preclude evidence from establishing Schedule 5/6 jurisdiction; first appellant’s bail refused, second granted.
Bail — section 60(11) Criminal Procedure Act — determination whether accused is "charged" with Schedule 5 or 6 offence may be informed by evidence and common‑cause facts, not charge sheet alone; Sexual Offences Amendment Act — child under 12 incapable of consenting, sexual penetration may constitute rape under s3 (Schedule 6); statutory rape (ss15–16) applies to 12–15 year‑olds and does not necessarily attract Schedule 6; bail refusal upheld for main accused where prima facie case and risk of reoffending/witness interference proven; bail granted where State fails to prove s60(4) grounds.
|