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Criminal Procedure - Chapter 12 - Cases - Coggle Diagram
Criminal Procedure - Chapter 12 - Cases
S v Mponda
State had alleged only 1 instance of rape in the charge sheet
Trial by ambush
Those would be individual charges of rape and the court would take this into account – this is an aggravating factor – the court could impose life sentences in these cases
Accused could not prepare themselves to argue this charge
Repeated acts of rape
Their right to a fair trial was infringed
It contained one charge of rape while actually the victim was raped multiple times between the time that the child was 9 to 12 years.
Accused was dismissed
The charge sheet was not formulated well enough
Conviction was irregular
S v Mpetha
Accused ask for further particulars 7 times, but was still confused
7 sets of further particulars
You can ask for more information from the state / further particulars
Ordered that all 7 sets should be stuck out and that the state should provide one comprehensive set of further particulars
Judicial officer did not understand what was said on the indictment
The court said, if they want to respond in the form of answers to this specific request, the judge said how that must be done
19 accused
They could answer the specific questions in this case
Accused charged with public violence and terrorism