S v Nkosi (240/84)
S v Nkosi (240/84) [1985] ZASCA 88 (19 September 1985)
The Supreme Court of Appeal found that the appellant's case was closed by his attorney without his assent and contrary to his wishes, depriving him of the opportunity to give evidence and call witnesses in his defence. The State's concession that the trial should be reopened was considered appropriate in the circumstances. The requirements of justice demanded that the conviction and sentence be set aside and the matter remitted to the trial court for further evidence to be received and considered. If the original judicial officer is unavailable, the Attorney-General may charge the appellant d…
Source excerpt
- Assault With Intent To Do Grievous Bodily Harm
- Reopening Of Trial
- Right To Present Defence Evidence