S v Mentoor (C946/2018)
S v Mentoor (C946/2018) [2019] ZAWCHC 139; 2020 (1) SACR 104 (WCC) (28 October 2019)
The High Court found that the Magistrate erred in reconstructing the record of the plea proceedings without proper certification and by informally confirming the reconstructed record with the accused. The Magistrate further erred by questioning and convicting the accused twice on the same charge under section 112(1)(b) of the Criminal Procedure Act, which is not permitted unless the original proceedings have been set aside. The accused's denial of knowledge of unlawfulness during the second questioning meant that an essential element of the offence was not admitted, and the proceedings should…
Source excerpt
- Reconstruction Of Record
- Double Jeopardy
- Section 112 1 B Procedure
- Conviction And Sentence
- Powers Of Magistrate
- Review Proceedings