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Criminal Procedure - Chapter 18 - Coggle Diagram
Criminal Procedure - Chapter 18
Competent verdicts
Original charge?
Guidelines to ensure fairness
Remember rule against doubling of convictions
Differentiate from automatic cure
General rules - S270
Lesser offence
Elements provided
Murder and culpable homicide
Remember S83 (splitting of charges)
The purpose of the competent verdict is to provide the state with the ability to prosecute an individual for a lower level crime - which the evidence establishes - in the event that the more serious crime cannot be proven beyond reasonable doubt
General rules - S270 vs specific rules - S256 - 269
If it becomes clear in the charge sheet or indictment that all of the elements of the crime were not present, then it is questioned whether the court can hold the accused liable for a lesser charge even if this was not mentioned in the alternative
Introduction
Entitled to verdict
Once an accused has been arraigned, they have the right to demand a verdict
Focus
General principles regarding competent verdicts
Amendment of verdict
Delivery of the verdict
Judgement reserved - the judge will adjourn the case and it will eb reconvened when the judge will read out the judgement in full
The judge must give reasons for their judgement - S25(3) and S146 of the CPA
Ex tempore - verdicts should be given immediately, this translating to as soon as possible after the parties have closed their cases
Amendment of verdict
Court functus officio after sentencing
Remedies: appeal and review
Amendment within reasonable time
Sentencing
In terms of jurisdiction, only High Courts and regional courts can impose discretionary minimum sentences and they are not applicable to persons under the age of 18.
Courts can deviate from the minimum sentence as prescribed in the CPA, thus it being discretionary, if there are substantial and compelling circumstances to justify such.