Bakane v S (1180/2016)
Bakane v S (1180/2016) [2017] ZASCA 182 (5 December 2017)
The Supreme Court of Appeal found that the appellant's constitutional rights were violated during the police investigation, including his right not to incriminate himself and his right to legal representation. The statement (exhibit H) was obtained through assault and coercion, and the police failed to properly explain the appellant's rights or provide evidence that the statement was made voluntarily. The trial court erred in admitting exhibit H and convicting the appellant based on it, as there was no other admissible evidence linking the appellant to the crimes. The State failed to discharg…
Source excerpt
- Admissibility Of Evidence
- Constitutional Rights
- Confession And Admission
- Onus Of Proof
- Exclusion Of Illegally Obtained Evidence