Papers v S (KAP 17/18)
Papers v S (KAP 17/18) [2019] ZANCHC 41; 2019 (2) SACR 638 (NCK) (30 August 2019)
The appeal succeeded because the trial court failed to properly investigate the appellant's ability to pay maintenance and did not convert the proceedings to a plea of not guilty under section 113 of the CPA when a valid defence of lack of means was disclosed. The appellant's section 112(2) statement did not contain sufficient factual admissions to establish all elements of the offence, particularly mens rea. The State did not prove that the appellant's inability to pay was due to unwillingness to work or misconduct. The procedural irregularities and lack of proper enquiry rendered the convic…
Source excerpt
- Maintenance Order Enforcement
- Failure To Pay Maintenance
- Mens Rea In Maintenance Offences
- Section 112 Statement
- Section 113 Plea Conversion