S v Modimolla (02/2022 A290/2021)
S v Modimolla (02/2022 A290/2021) [2022] ZALMPPHC 14 (18 February 2022)
The accused was initially charged and convicted under a repealed statute, the Arms and Ammunition Act 75 of 1969, which no longer constituted a criminal offence at the time of the alleged conduct. The subsequent amendment of the charge sheet to substitute the charge with one under the Firearms Control Act 60 of 2000 after conviction was not a permissible amendment under section 86(1) of the Criminal Procedure Act, but rather an impermissible substitution. The magistrate, having convicted the accused, was functus officio and could not amend the charge sheet post-conviction. This irregularity r…
Source excerpt
- Amendment Of Charge Sheet
- Repealed Statute
- Fair Trial Rights
- Substitution Vs Amendment
- Firearms Control Act