Verdict Flashcards
What is a competent verdict?
Where the accused is found guilty of a crime other than the crime specifically charged in the charge sheet and that other offence not specifically charged is proved by evidence before the court.
What is the purpose of a competent verdict?
To enable the State to prosecute the accused for a lower level crime, as established by the evidence, where the more serious offence set out in the charge cannot be proved beyond a reasonable doubt.
What is the finding of a competent verdict limited to?
Section 256-270 of the CPA.
What does the right to a fair trial and to be informed with sufficient detail of the charge in terms of section 35(3)(a) of the Constitution include?
The right to be informed of any possible competent verdicts to a charge.
What does failure to inform an accused of a competent verdict do?
It may render the trial void.
What is the rationale for a competent verdict?
To avoid the cost and time of having a prosecutor present a whole range of alternative charges.
What are the statutorily defined competent verdicts?
- Attempt (s256)
- Accessory after the fact (s257)
- Assault with GBH intent, common assault, robbery, public violence, pointing a firearm, air-gun or air-pistol, exposing an infant, and disposing of the body of a child with intent to conceal the fact of its birth (s258)
- Assault with GBH intent, sexual assault, common assault, incest, the statutory offence of unlawful carnal intercurse, or of committing any immoral or indecent act or the soliciting or enticing of an immoral or indecent act with a child under a specified age (s261)
- Competent verdicts for statutory offences
- Catch-all competent verdict (s270)
Which statutory provision provides the competent verdict where an accused is likely to be acquitted by a court due to a lack of criminal liability for any main offence they are charged with because of the excessive consumption of alcohol or any substance?
Section 1(1) of the Criminal Law Amendment Act aka statutory intoxication.
When is statutory intoxication a competent verdict?
To any main charge where an accused has avoided criminal liability as a result of self-induced intoxication.
What does a judicial officer being a functus officio after having passed judgment mean?
They cannot alter or revoke a verdict.
What are the exceptions to the principle of functus officio?
When a mistaken judgment has been delivered, an amendment which does not relate to the merits can be made ito section 176 within a reasonable period after passing judgment. Amendment must not materially change the substance.
What happens if the reasonable period has elapsed and the judicial officer no longer has the power to correct mistakes in the judgment?
They must request a review of the judgment by a superior court.
What does S v Masita hold?
Accused must be informed timeously of the competent verdict.
What does S v Kester hold?
A competent verdict must be explained to accused before they plead.
What does S v Fellies hold?
Prejudice occurs when there is a failure to inform unrepresented accused of possible competent verdict and accused conducts defence unaware of the risk of a competent verdict because, ito, section 35 (3) every accused person has a right to a fair trial, which includes the right - (a) to be informed of the charge with sufficient detail to answer it.
