S v Shezi (244/93)
S v Shezi (244/93) [1994] ZASCA 20 (22 March 1994)
The Supreme Court of Appeal held that the confession was admissible and voluntary, and that the evidence of Detective Sergeant Sibisi, even if recalled late, did not prejudice the appellant. The court found that the confession, corroborated by other evidence, sufficiently implicated the appellant in the murders. The doctrine of common purpose was correctly applied. The trial court acted prudently, if not overcautiously, in recalling Sibisi, but there was no need to do so as the confession and corroborating evidence were sufficient. The principle that evidence from a trial-within-a-trial shoul…
Source excerpt
- Confession Admissibility
- Trial Within Trial
- Common Purpose
- Recalling Witness
- Encapsulation Of Evidence