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Criminal Law [2008] ZAGPHC 42

S v Gouws (A136/2008)

S v Gouws (A136/2008) [2008] ZAGPHC 42; 2008 (2) SACR 640 (T) (19 February 2008)

The court held that the prosecutor's decision to close the State's case without calling witnesses did not amount to a formal stopping of prosecution under section 6(b) of the Criminal Procedure Act, as there was no express invocation of that section or indication of acting under its authority. The magistrate acted properly in acquitting the accused due to lack of evidence, and there was no irregularity in the proceedings. The court found that it is not the function of the trial court to enquire into the prosecutor's authority unless the prosecutor expressly purports to stop the prosecution un…

  • Stopping Of Prosecution
  • Section 6 Criminal Procedure Act
  • Acquittal After State Case Closed
  • Magistrate Review
  • Autrefois Acquit
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