CRIMINAL PROCEDURE – SECTION 174 APPLICATION FOR DISCHARGE – ALLEGATIONS AND ADMISSIONS MADE BY THE ACCUSED DURING PLEADING CONSIDERED. S v Madisa NAHCMD.

At the close of the state’s case, accused 2 applied for discharge in terms of section 174 of the Criminal Procedure Act 51 of 1977 (the CPA) on counts 1 (murder) and 2 (robbery with aggravating circumstances). The state opposed the application. LIEBENBERG J considered the application as follows:

The law applicable to section 174 applications is well established (S v Nakale 2006 (2) NR 455 (HC) at 457; S v Teek 2009 (1) NR 127 (SC)). At the close of the state’s case, it was common cause that there was no direct evidence . . .

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