South Africa Case Law

Warney v S (CA&R291/2014)

Warney v S (CA&R291/2014) [2014] ZAECGHC 91 (5 November 2014)

Court

Eastern Cape High Court, Grahamstown

Case number

CA&R291/2014

Judges

J W Eksteen, E Revelas

The court held that the cause of death was properly established through the post-mortem report and affidavits submitted under section 212(4) of the Criminal Procedure Act. The appellant, despite being legally represented, did not request the doctor to be called for cross-examination and resisted the State's attempt to do so. The evidence showed that the appellant instructed persons to untie the rope and knew they were behind the car, yet reversed the vehicle without ensuring their safety, failing to turn on the headlights or check the area. The court found that a reasonable person would have…

Source excerpt

• Culpable Homicide
• Negligence
• Section 212 Criminal Procedure Act
• Medical Evidence
• Cause Of Death

Director of Public Prosecution v Modise and Another (35303/2008)

Director of Public Prosecution v Modise and Another (35303/2008) [2009] ZAGPJHC 93; 2012 (1) SACR 553 (GSJ) (26 November 2009)

Court

South Gauteng High Court, Johannesburg

Case number

35303/2008

Judge

Lamont

The High Court reviewed a magistrate’s ruling that barred oral expert evidence for lack of statutory affidavits, and held the State could lead the evidence.

• Admissibility Of Expert Evidence
• Section 212 Criminal Procedure Act
• Electronic Communications And Transactions Act
• Review Of Magistrate Decisions
• Criminal-procedure-act
• Expert-evidence