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South Africa decisions
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S v Nkuna (A255/2011) [2011] ZAGPPHC 60 (19 April 2011)
On automatic review, the High Court set aside a conviction for possession of illicit goods after finding defective section 113 compliance and prejudice to the unrepresented accused.
S v Tshoko and Another (101/87) [1987] ZASCA 99; [1988] 1 All SA 311 (A) (24 September 1987)
The Supreme Court of Appeal held that the presumption under section 10(1)(e) of Act 41 of 1977 placed the burden on the appellants to prove, on a balance of probabilities, that they were unaware the bag contained dagga. The trial court erred in placing the burden on the State, but its credibility findings regarding the witnesses, particularly Sergeant Tidman, remained valid and were not affected by the misdirection. The appellants' version was found improbable due to inconsistencies, lack of supporting witnesses, and the physical circumstances of the bag in the vehicle. The court found no bas…
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