Rex v Rosen [1915] ZATPD 39 (25 May 1915)

Criminal procedure-Secondary evidence -Prejudice.

If inadmissible evidence has been led at a trial and the Court is not in a position to say that the accused has not been prejudiced thereby, he is entitled to be discharged. The notice required to admit secondary evidence must be a notice given in the course of and for the purpose of the proceedings in which the evidence is required to be used. Conviction quashed where at the trial in the Court below inadmissible secondary evidence calculated to prejudice the accused had been allowed.