LR and Another v S (A333/2017)
LR and Another v S (A333/2017) [2018] ZAFSHC 219; 2019 (2) SACR 216 (FB) (14 December 2018)
The trial court failed to rule on the admissibility of hearsay and confession evidence, which is a fundamental procedural safeguard. The confession by the second appellant was inadmissible against both accused under section 219 of the Criminal Procedure Act. The hearsay evidence was provisionally admitted but not confirmed by the witnesses, and the trial court did not make any ruling on its admissibility. The complainant's evidence, while detailed and consistent, was not sufficiently corroborated by admissible evidence. The conviction for attempted rape was not supported by the facts, as the…
Source excerpt
- Admissibility Of Evidence
- Hearsay
- Confession Against Co Accused
- Fair Trial Rights
- Sexual Offences
- Appeal Principles