Evidence
Journal Article
2003
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Journal Title
South African Journal of Criminal Justice/Suid-Afrikaanse Tydskrif vir Strafregspleging
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Volume Title
Publisher
Publisher
University of Cape Town
Department
Faculty
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Abstract
The court noted in S v Mbelo 2003 (1) SACR 84 (NCD) that `[w]here the age of either an accused or a complainant is material to either the offence or to sentence, hearsay evidence thereof is admissible' (at para 8). (See also S v Moeketsi 1976 (4) SA 838 (O); S v Magqabudi 1983 (4) SA 54 (Tk). Majiedt J also held that a baptismal certificate was not sufficient proof of age. However, the court held that formal admissions made by the accused's legal representative in the pleadings were binding and sufficient proof of the ages in question.
Description
Reference:
Schwikkard, P. J. (2003). Evidence : Recent case. South African Journal of Criminal Justice, 16(1), p.89-98.