S v Mokoena (200/2018) [2019] ZASCA 74 (30 May 2019)

Flynote

Criminal Procedure – regional court magistrate mero motu closing defence case in terms of s 342A(3)(d) of the Criminal Procedure Act 51 of 1977 (the Act) - notice in terms of s 342A(4)(a) not given by the State – evidence irregularly excluded - appeal court incorrectly remitting matter back to same magistrate to continue hearing – conviction and sentence set aside – s 324(c) applied.


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