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South Africa decisions
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S v Meso (REV 113/2023) [2023] ZALMPPHC 95 (11 October 2023)
The High Court confirmed theft convictions but set aside a consolidation order made after guilty pleas, remitting the matter for separate sentencing on each charge.
S v Mhlambiso and Another (C56/2013, 27/2013) [2013] ZAECGHC 117; 2014 (1) SACR 610 (ECG) (21 November 2013)
The High Court set aside convictions after a magistrate improperly added a trespassing charge after evidence had begun, without a plea to the new charge.
S v Hendricks (455/94) [1995] ZASCA 67; [1995] 3 All SA 300 (A) (30 May 1995)
The Supreme Court of Appeal held that the addition of the rape charge after the plea phase was not irregular under section 81(1) of the Criminal Procedure Act, as no evidence had been led within the meaning of the section during the plea proceedings. The statements made by the accused during questioning in terms of section 112(1)(b) did not constitute 'evidence led' and therefore did not preclude the joinder of further charges. The appellant was not prejudiced by the late addition of the charge, as he ultimately received legal representation and had sufficient time to prepare his defence. On…
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