South Africa Case Law

Lelaka v The State (409/2015)

Lelaka v The State (409/2015) [2015] ZASCA 169 (26 November 2015)

Court

Supreme Court of Appeal

Case number

409/2015

Judges

Ponnan, Shongwe, Petse, Mathopo, Van der Merwe

The Supreme Court of Appeal held that the plea of double jeopardy (autrefois convict) does not apply where the accused was convicted of assault and the victim subsequently died, as the death constitutes a new fact altering the nature of the crime. The conviction for assault is not a bar to subsequent prosecution for murder or culpable homicide, since at the time of the original conviction, the more serious charge could not have been preferred. Both the magistrate and the full court erred in setting aside the conviction and ordering a de novo trial. The matter should be remitted to another mag…

Source excerpt

• Double Jeopardy
• Autrefois Convict
• Assault With Intent To Do Grievous Bodily Harm
• Murder Charge After Conviction
• Section 304a Criminal Procedure Act

S v Dithoko (09/2008)

S v Dithoko (09/2008) [2008] ZAFSHC 3 (31 January 2008)

Court

Free State High Court, Bloemfontein

Case number

09/2008

Judges

HANCKE R, VAN ZYL R

High Court special review of a criminal case where both the tape recording and magistrate’s notes were lost, making reconstruction impossible.

• Review Proceedings
• Lost Transcript
• Rape Charge
• Section 304a Criminal Procedure Act
• Criminal-review-proceedings
• Lost-transcript