S v Apolis

JurisdictionSouth Africa
JudgeDiemont J
Judgment Date24 August 1965
Citation1965 (4) SA 178 (C)
Hearing Date24 August 1965
CourtCape Provincial Division

S v Apolis
1965 (4) SA 178 (C)

1965 (4) SA p178


Citation

1965 (4) SA 178 (C)

Court

Cape Provincial Division

Judge

Diemont J

Heard

August 24, 1965

Judgment

August 24, 1965

Flynote : Sleutelwoorde A

Criminal procedure — Trial — Irregularity in — Trial before Judge and assessors — Assessors present during argument on admissibility of a confession — Confession ruled by Judge as inadmissible — Proceedings set aside.

Headnote : Kopnota

B Where during the criminal trial before a Judge and assessors it appeared that the assessors were present when argument took place on the admissibility of a confession alleged to have been made by the accused to a policeman, which confession the Judge held was inadmissible,

Held, that an irregularity had occurred which was damaging to the accused and accordingly the proceedings should be set aside.

C Criminal trial before a Judge and assessors on a charge of murder. During the hearing application was made to have the proceedings set aside. The facts appear from the reasons for judgment.

I. G. Farlam, for the State.

P. L. Avenant, for the accused, at the request of the Court.

Judgment

D Diemont J.:

The accused in this case was charged with murdering his wife on 9th April, 1965, at Rondevlei in the district of Wynberg. An application has now been made by defending counsel, Mr. Avenant, to set E the proceedings aside on the ground of irregularity or, alternatively, that the Court should recuse the assessors.

In order to appreciate fully what weight should be attached to this application it is necessary to refer briefly to the facts. The case for the State is that the accused's wife was heard to cry for help. After some delay the front door of her house was forced open and she was seen F to be lying on the floor with the accused standing over her pouring paraffin over her clothes. The deceased was suffering from severe head injuries and was either dead or died within a few minutes of the witnesses entering the room. The accused shouted some remark, seized a bottle of ant poison which he drank and then ran from the room. He was G later captured and brought back to the scene of the crime where he made a statement to the police after being cautioned. It was this statement which has given rise to the present application.

Mr. Farlam, for the State, asked the police witness, Sergeant Malherbe, what the accused had said to...

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7 practice notes
  • S v Malindi and Others
    • South Africa
    • Invalid date
    ...1970 (4) SA 687 (A); S v Adams (Special Criminal Court: 4 August 1958 unreported); R v Matsego 1956 (3) SA 411 (A); S v Apolis 1965 (4) SA 178 (C); S v Gcaba 1965 (4) SA 325 (N); S v Moseli J (2) 1969 (1) SA 650 (O); Winter v Administrator-in-Executive 1990 (1) SA p964 A Committee 1973 (1) ......
  • S v Malinde and Others
    • South Africa
    • Invalid date
    ...Suid-Afrikaanse Strafproses 4th ed at 320; s 147(1)(a) and (b) of Act 51 of 1977; R v Matsego 1956 (3) SA 411 (A) at 417H; S v Apolis 1965 (4) SA 178 (C) at 179D; S v Gcaba 1965 (4) SA 325 (N); J S v Moseli 1969 (1) SA 650 (O); 1990 (1) SA p61 Winter v Administrator-in-Executive Committee 1......
  • S v Robinson and Others
    • South Africa
    • Invalid date
    ...the resultant answers upon the two assessors however experienced they may be. See R v Matsego and Others, 1956 (3) SA 411; S v Apolis, 1965 (4) SA 178; S v Gcaba, 1965 (4) SA 325 at pp. 332 - 3. The offence should be regarded as one midway between suicide and D premeditated murder. See R v ......
  • S v Baleka and Others (4)
    • South Africa
    • Invalid date
    ...it undesirable for the trial to be continued. Reliance was C placed on R v Matsego and Others 1956 (3) SA 411 (A) at 417H; S v Apolis 1965 (4) SA 178 (C) at 179D; S v Gcaba 1965 (4) SA 325 (N) and S v Moselli en 'n Ander (2) 1969 (1) SA 650 (O) at 653 - 2. In S v Moodie 1961 (4) SA 752 (A) ......
  • Request a trial to view additional results
7 cases
  • S v Malindi and Others
    • South Africa
    • Invalid date
    ...1970 (4) SA 687 (A); S v Adams (Special Criminal Court: 4 August 1958 unreported); R v Matsego 1956 (3) SA 411 (A); S v Apolis 1965 (4) SA 178 (C); S v Gcaba 1965 (4) SA 325 (N); S v Moseli J (2) 1969 (1) SA 650 (O); Winter v Administrator-in-Executive 1990 (1) SA p964 A Committee 1973 (1) ......
  • S v Malinde and Others
    • South Africa
    • Invalid date
    ...Suid-Afrikaanse Strafproses 4th ed at 320; s 147(1)(a) and (b) of Act 51 of 1977; R v Matsego 1956 (3) SA 411 (A) at 417H; S v Apolis 1965 (4) SA 178 (C) at 179D; S v Gcaba 1965 (4) SA 325 (N); J S v Moseli 1969 (1) SA 650 (O); 1990 (1) SA p61 Winter v Administrator-in-Executive Committee 1......
  • S v Robinson and Others
    • South Africa
    • Invalid date
    ...the resultant answers upon the two assessors however experienced they may be. See R v Matsego and Others, 1956 (3) SA 411; S v Apolis, 1965 (4) SA 178; S v Gcaba, 1965 (4) SA 325 at pp. 332 - 3. The offence should be regarded as one midway between suicide and D premeditated murder. See R v ......
  • S v Baleka and Others (4)
    • South Africa
    • Invalid date
    ...it undesirable for the trial to be continued. Reliance was C placed on R v Matsego and Others 1956 (3) SA 411 (A) at 417H; S v Apolis 1965 (4) SA 178 (C) at 179D; S v Gcaba 1965 (4) SA 325 (N) and S v Moselli en 'n Ander (2) 1969 (1) SA 650 (O) at 653 - 2. In S v Moodie 1961 (4) SA 752 (A) ......
  • Request a trial to view additional results

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