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Criminal Law [2018] ZAFSHC 170

Mofutsana v S (A287/2017)

Mofutsana v S (A287/2017) [2018] ZAFSHC 170 (1 November 2018)

The court found that the conviction for resisting arrest could not stand due to the absence of evidence that the appellant was formally placed under arrest and the lack of testimony from a material witness, Constable Ganare, who allegedly permitted the appellant to leave. The State failed to discharge its onus to prove wilful obstruction beyond reasonable doubt. The appellant's subjective belief that he was authorised to depart negated the necessary intent for the offence under section 67(1)(a) of the South African Police Services Act. However, the conviction for assault was upheld as the evi…

  • Assault
  • Resisting Arrest
  • Evaluation Of Evidence
  • Demeanour
  • Onus Of Proof
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