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Criminal procedure — trial — plea — autrefois acquit — prosecutor in earlier trial erroneously withdrawing charge — an acquittal on the merits.
If an accused person has pleaded not guilty and the prosecutor thereafter withdraws the charge, the accused is entitled to demand that in terms of s 13 of the Criminal Procedure and Evidence Act [Chapter 59] an acquittal be recorded. Such an acquittal is "on the merits" for the purposes of a plea of autrefois acquit, even if the charge is withdrawn erroneously.
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