oa De Rebus - The loaded danger of deduction when dealing with illegal possession of ammunition : feature - law of evidence
|Article Title||The loaded danger of deduction when dealing with illegal possession of ammunition : feature - law of evidence|
|© Publisher:||Law Society of South Africa|
|Affiliations||1 Cape Bar|
|Publication Date||Jun 2016|
|Pages||38 - 39|
This article considers the danger of deduction when dealing with technical issues in a case where an accused has been charged with the unlawful possession of ammunition. I submit that in a case where an accused has been charged with either the illegal possession of ammunition and/or illegal possession of a firearm, the result is that the prosecution bears the burden to prove the charge. In doing so, it is critical for the prosecution to lead evidence of a technical nature and failure to do so, should lead to an acquittal. Case law will be considered to illustrate the nature of the technical considerations and application in such matters.
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