CRIMINAL LAW – TRIAL PROCEEDING BEFORE MAGISTRATE OTHER THAN THE MAGISTRATE WHO NOTED THE PLEA (SECTION 118 OF CPA) – CAUTION IN RE SINGLE WITNESS – APPROACH WHERE THERE IS MUTUALLY DESTRUCTIVE EVIDENCE

CRIMINAL LAW – TRIAL PROCEEDING BEFORE MAGISTRATE OTHER THAN THE MAGISTRATE WHO NOTED THE PLEA (SECTION 118 OF CPA) – CAUTION IN RE SINGLE WITNESS – APPROACH WHERE THERE IS MUTUALLY DESTRUCTIVE EVIDENCE

The accused pleaded not guilty in the Magistrates Court of Okahao to a charge of common assault (read with the provisions of the Combating of Domestic Violence Act 4 of 2003). The trial proceeded before a different magistrate than the one who noted the plea and, after the evidence of the complainant, was convicted as charged. The sentence imposed reads as follows: ‘A fine in the amount of . . .

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