Rex v Motsa (350 of 2021) [2022] SZHC 144 (12 July 2022)

Case summary

Accused indicted on a charge of murder at  the High Court. On trial, Crown and the Accused person's representative submitting a statement of agreed facts on a lesser charge of Culpable Homicide. Accused pleading not guilty to murder but pleading guilty to the  lesser  offence  of Culpable Homicide. Whether the procedure of allowing the accused to plead to a lesser offence without amendment or substitution and/or withdrawal of the murder charge is proper;  and also whether the trial is proceeding on the basis of the murder charge or Culpable Homicide. Whether the offence of culpable homicide or murder  has been proven by the Crown beyond  reasonable doubt.

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