take part in identification parade Although there are dangers on – dock identification Dock identification forms part of the – evidential material to be tested Evidence dock identification – – Admissible depending on the circumstances of each case Court – to decide what weight to be attached. Summary: Evidence The accused was charged with multiple counts – committed against young children and one adult person Most – witnesses are youthful and single witnesses The Court has – warned itself to the dangers of convicting on evidence of single witnesses and young children The Court may convict on the – evidence of a single witness if it is clear and satisfactory in all material respects The Court may also convict on the evidence of – young children if it is satisfied that the young child comprehends the truthfulness of events, possesses sufficient intelligence, able to recollect and remember what happened And that the witness – is a reliable witness. Summary: Criminal Procedure Dock identification Evidence of dock – – identification is part of the evidential matter to be tested – Although there is a danger to convict on evidence of dock identification it cannot be ignored The Court should decide what – weight to be attached Dock identification evidence is admissible – depending on the circumstances of each case In this case – witnesses gave a proper description of the accused Accused – refused to take part in the identification parade for no – reasonable grounds Only reasonable inference to be drawn is – that the accused was afraid of possible identification. VERDICT
take part in identification parade – Although there are dangers on dock identification – Dock identification forms part of the evidential material to be tested – Evidence dock identification – Admissible depending on the circumstances of each case – Court to decide what weight to be attached. Summary: Evidence – The accused was charged with multiple counts committed against young children and one adult person – Most witnesses are youthful and single witnesses – The Court has warned itself to the dangers of convicting on evidence of single witnesses and young children – The Court may convict on the evidence of a single witness if it is clear and satisfactory in all material respects – The Court may also convict on the evidence of young children if it is satisfied that the young child comprehends the truthfulness of events, possesses sufficient intelligence, able to recollect and remember what happened – And that the witness is a reliable witness. Summary: Criminal Procedure – Dock identification – Evidence of dock identification is part of the evidential matter to be tested – Although there is a danger to convict on evidence of dock identification it cannot be ignored – The Court should decide what weight to be attached – Dock identification evidence is admissible depending on the circumstances of each case – In this case witnesses gave a proper description of the accused – Accused refused to take part in the identification parade – for no reasonable grounds – Only reasonable inference to be drawn is that the accused was afraid of possible identification. VERDICT
S%20v%20Pieters%20(CC%2048-2009)%20[2015]NAHCMD%2038%20(3%20March%202015).docx