HEARSAY EVIDENCE AGAINST CO-ACCUSED NOT ADMISSABLE

The old rule that an admission of one accused is not admissible against his co-accused was confirmed in

S v LITAKO AND OTHERS 2014 (2) SACR 431 (SCA)

Evidence — Admissibility — Hearsay evidence — Admissibility of in terms of s 3 of Law of Evidence Amendment Act 45 of 1988 — Extra-curial confession or admission of one accused inadmissible against other accused.

The extra-curial confession or admission of one accused is not admissible against other accused. S v Ndhlovu and Others 2002 (2) SACR 325 (SCA) reconsidered.

An appeal from convictions and sentences imposed for murder and robbery with aggravating circumstances in the Rustenburg Circuit Court (Hendricks J).

See Legal Notes 12-2014

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