Mkolo and Others v Jacobs and Another (1831/2015)
Mkolo and Others v Jacobs and Another (1831/2015) [2017] ZAECGHC 46 (11 April 2017)
The court found that the particulars requested by the applicants regarding the allegations of common purpose were not provided by the State, and that the charge sheet lacked sufficient detail to enable the applicants to prepare their defence and plead to the charges. The amended charge sheet was presented on the trial date, depriving the applicants of adequate time to prepare or request further particulars. The first respondent was not aware of the prior request for further particulars and the deficiencies in the State's response. The failure to provide sufficient particulars and adequate pre…
Source excerpt
- Sufficiency Of Particulars
- Common Purpose Liability
- Right To Fair Trial
- Criminal Charge Sheet
- Request For Further Particulars