n Annual Survey of South African Law - The law of evidence




In 2009 (2) SACR 326 (KZP), it was common cause that a conviction could not be sustained in the absence of the accused's confessions. The court, in determining whether the State had discharged its burden of proving that the relevant confessions were made freely and voluntarily, in sound and sober senses, and without undue influence (see s 217 of the Criminal Procedure Act 51 of 1977), split over the weight to be accorded to irregularities in the recording of the two confessions.


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