- August 17, 2022
- |Concise Law Reports (CLR), Criminal Law And Procedure
CRIMINAL PROCEDURE: FAILURE TO CROSS-EXAMINE WITNESS
The accused was indicted on several counts including murder, robbery with aggravating circumstances and rape. In respect of rape, the accused alleged that he had consensual intercourse with his victim prior to the incident. Such version was not put to the victim, but the accused later argued that the evidence of the victim should not be believed. The court held that if a party fails to cross-examine witnesses, it is unfair for him to argue later that witnesses should be disbelieved.
LAW OF EVIDENCE: ADMISSIBILITY OF SPONTANEOUS STATEMENTS
The accused further made spontaneous statements or made extra judicially admissions without police officers asking for them. The court held that such admissions are admissible against the accused if they were given voluntarily.
S v Hausiku NAHCMD 17 August 2022