South Africa Case Law

S v Singh (308/88)

S v Singh (308/88) [1989] ZASCA 128; [1990] 1 All SA 400 (A) (29 September 1989)

Court

Supreme Court of Appeal

Case number

308/88

Judges

Joubert, Smalberger, Vivier, Kumleben, Friedman

The Supreme Court of Appeal held that the proceedings under section 119 of the Criminal Procedure Act in the magistrate's court do not constitute a trial or prosecution for the purposes of the special plea of autrefois acquit. The magistrate's court lacked jurisdiction to try the offence, and the proceedings were merely preliminary, intended to clarify issues before a trial in a competent court. The Attorney-General's decision not to prosecute at that stage did not amount to an acquittal on the merits, nor did it preclude subsequent prosecution. The appellant was not in jeopardy during the se…

Source excerpt

• Autrefois Acquit
• Criminal Procedure Act
• Plea Procedure
• Jurisdiction
• Acquittal On Merits