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In 1988 Ed Crooke and two accomplices, Adam Swindler and Petty Thief allegedly committed the crimes of robbery with aggravating circumstances, in the Republic of
In 1988 Ed Crooke and two accomplices, Adam Swindler and Petty Thief allegedly committed the crimes of robbery with aggravating circumstances, in the Republic of Zamunda, where they were visitors. Ed is subsequently arrested by the police in the Republic of South Africa in 2010. Ed is 72 years old at the time of his arrest. Read the above case and answer the following questions use south African case law where possible. At the conclusion of the State's case, the court calls upon the accused, Ed Crooke, Adam Swindler and Petty Thief to present their own case. The accused have, however, already concluded, on the basis of the evidence already presented by the prosecution that "the State has a weak case" against them. They decide not to answer the State's case, but to close their case without testifying, or leading any defence witnesses. Critically evaluate the efficacy (workability) or otherwise of the accused's strategy in the context of prevailing South African law. (6)
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