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Criminal Law [2014] ZAGPPHC 422

Mashengoane v S (A102/2013)

Mashengoane v S (A102/2013) [2014] ZAGPPHC 422; 2014 (2) SACR 623 (GP) (21 May 2014)

The court found that the statement made by the appellant to the magistrate was not proved to have been made freely and voluntarily. The appellant was assaulted and threatened with further assault if he refused to make the statement, and the magistrate recorded visible injuries but proceeded to take the statement. The magistrate did not testify in either the trial within a trial or the main trial. The statement was the only evidence implicating the appellant, and its admission was not carefully and consciously considered by the trial court. The court held that admitting such evidence would ren…

  • Admissibility Of Confessions
  • Right To Silence
  • Unlawful Coercion
  • Fair Trial Rights
  • Burden Of Proof
  • Exclusion Of Evidence
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