S v Sibisi and Another (CC 66/2017) [2019] ZAGPJHC 3 (25 January 2019)

Criminal Law and Procedure – Trial within a trial – Admissibility of a
confession taken after the accused elected to have a legal representative. Admissibility of bail record in a trial after the accused was not warned in terms of section 60 (11B) (c) of the Criminal Procedure Act.
Law of Evidence – requirements for a conviction on circumstantial evidence. Prima facie case made for the State – the impact of closing the defence case without leading evidence – the right to remain silent. Failure by the State to allege ‘common purpose’ in the indictment or further particulars.