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Burger and Others v S (236/09) [2010] ZASCA 12

12th March 2010

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SUMMARY: Circumstantial evidence ─ insufficient to sustain conviction on a charge of murder ─ kidnapping conviction not warranted ─ undesirable interrogation methods discussed ─ blurring of lines between official and private investigations criticised ─ police officials acting in two capacities unacceptable.

ORDER

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On appeal from: High Court, Pretoria (Makhafola AJ sitting as court of first instance).

1. The appeal against both convictions is upheld and the convictions and related sentences are set aside.

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2. The cross-appeal against sentence is dismissed.

 

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