- Flynote
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Criminal law – deceased assaulted whilst being interrogated by policemen – police officers present in the room – not disputed – appellants not testifying – failure to put version to state witnesses – prima facie case of State strengthened – duty of cross examiner – explained – duty in law of police officers present and who witnessed but did not participate in the assault to put a stop to it – common purpose established – Sentence – correctional supervision inappropriate – high court altered the sentence – no misdirection – sentence of 7 years of which 2 years suspended for 5 years – confirmed on appeal.
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Cited documents 2
Judgment 1
1. | President of the Republic of South Africa and Others v South African Rugby Football Union and Others [1999] ZACC 11 (10 September 1999) | 211 citations |
Legislation 1
1. | Criminal Procedure Act, 1977 | 3919 citations |
Documents citing this one 2
Judgment 2
1. | Nabolisa v Regional Court Magistrate Prinsloo NO and Another (568/2022) [2024] ZASCA 7 (19 January 2024) | |
2. | S v Ndimande and Others (SS53/2021) [2022] ZAGPJHC 661 (16 September 2022) |