Read the full judgment text of FAMC 000032/2008 on BabelCite. This FAMC judgment was delivered on 21 January 2009.
1. Where the prosecution alleges that the harm was caused deliberately but it occurs to the magistrate that it may have been caused recklessly, the better practice is for the magistrate to raise the question of recklessness in the course of the prosecution’s case or, failing that, in the course of the defence case or, failing even that, at least before final speeches are concluded. And if the question of recklessness does not occur to the magistrate until after the conclusion of the hearing, re-