Bhengu v S (AR213/10) [2010] ZAKZPHC 53; 2011 (1) SACR 224 (KZP) (16 September 2010)

Bhengu v S (AR213/10) [2010] ZAKZPHC 53; 2011 (1) SACR 224 (KZP) (16 September 2010)

The court found that the evidence did not support a conviction for housebreaking with intent to steal with aggravating circumstances, as there was no proof of unlawful entry or displacement. The conviction was substituted with attempted housebreaking with intent to steal with aggravating circumstances. The evidence of the accomplice was accepted as credible and corroborated, and the appellant's silence in the face of incriminating evidence justified conviction. The conviction for attempted murder was confirmed. The minimum sentence of fifteen years' imprisonment was imposed, with the sentence antedated and time spent in custody deducted, in line with the principle that pre-sentence...

Citation
[2010] ZAKZPHC 53
Parties
Appellant: Sandile Goodman Bhengu; Respondent: The State
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
16 September 2010
Case Number
AR213/10
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Conviction for housebreaking with intent to steal with aggravating circumstances set aside and substituted with attempted housebreaking with intent to steal with aggravating circumstances. Conviction for attempted murder confirmed. Sentence of fifteen years' imprisonment imposed, antedated to 21 November 2008, with...
Judges
Lopes, Gcaba
Legal Topics
Housebreaking With Intent to Steal, Attempted Murder, Minimum Sentencing, Aggravating Circumstances, Sentence Antedating, Accomplice Evidence
Criminal Law Housebreaking With Intent to Steal Attempted Murder Minimum Sentencing Aggravating Circumstances Sentence Antedating Accomplice Evidence

Case Brief

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Parties

Sandile Goodman Bhengu

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the evidence supported a conviction for housebreaking with intent to steal with aggravating circumstances.
  2. 2 Whether the appellant's silence at trial justified adverse inference.
  3. 3 Whether the minimum sentence was appropriate given the circumstances.

Ratio Decidendi

The court found that the evidence did not support a conviction for housebreaking with intent to steal with aggravating circumstances, as there was no proof of unlawful entry or displacement. The conviction was substituted with attempted housebreaking with intent to steal with aggravating circumstances. The evidence of the accomplice was accepted as credible and corroborated, and the appellant's silence in the face of incriminating evidence justified conviction. The conviction for attempted murder was confirmed. The minimum sentence of fifteen years' imprisonment was imposed, with the sentence antedated and time spent in custody deducted, in line with the principle that pre-sentence...

Court Disposition

Conviction for housebreaking with intent to steal with aggravating circumstances set aside and substituted with attempted housebreaking with intent to steal with aggravating circumstances. Conviction for attempted murder confirmed. Sentence of fifteen years' imprisonment imposed, antedated to 21 November 2008, with...

Orders

  • The conviction for housebreaking with intent to steal with aggravating circumstances is set aside and replaced with attempted housebreaking with intent to steal with aggravating circumstances.
  • The conviction for attempted murder is confirmed.