S v Shrosbree (Review) (23/7627/2023)
S v Shrosbree (Review) (23/7627/2023) [2024] ZAKZDHC 86 (8 November 2024)
The proceedings in the magistrate's court were not in accordance with justice. The State failed to tender scientific analysis certificates to prove the nature of the substances, which is a necessary evidentiary requirement for conviction on charges involving scheduled substances. The accused's plea explanation raised a defence that the Lipitor tablets were lawfully obtained by a third party with a prescription and that the substances were not his property, undermining the element of possession. The legal representation provided to the accused was inadequate and failed to protect his right to…
Source excerpt
- Unlawful Possession Of Scheduled Substance
- Scientific Evidence Requirement
- Guilty Plea Procedure
- Right To Fair Trial