Rex v Simelane (228 of 2018) [2023] SZHC 528 (18 April 2023)


Criminal law and procedure: The accused pleaded not guilty to murder. The crown led evidence which showed from the onset that he assaulted the deceased together with another person who was separately charged and convicted for the offence. The crown waited until the start of defence case to seek amendment of the indictment to allege common purpose. The application for amendment was opposed on the basis of prejudice arising from the need to recall crown witnesses for further cross examination on the new aspect of alleged common purpose.

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