Bilankulu and Another v S (188/2020) [2020] ZASCA 114 (29 September 2020)

Bilankulu and Another v S (188/2020) [2020] ZASCA 114 (29 September 2020)

The Supreme Court of Appeal held that the undercover operation did not go beyond providing an opportunity to commit the offences, and thus the evidence of Khosa was automatically admissible under s 252A of the Criminal Procedure Act. The late disclosure of cell phone records did not prejudice the appellants' right to a fair trial, as they were given sufficient time to study the records and no actual prejudice was demonstrated. The court found that the appellants had the requisite legal intent (dolus indeterminatus) for murder, as they must have foreseen the possibility of a shoot-out with rangers during the poaching operation. Regarding sentence, the court found that the imposition of a...

Citation
[2020] ZASCA 114
Parties
Appellant: William Mzamani Bilankulu; Appellant: Jansen Thapelo Mokoena; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
29 September 2020
Case Number
188/2020
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence From the Limpopo Division of the High Court, Polokwane
Outcome
Appeal against conviction dismissed; appeal against sentence upheld.
Judges
Petse, Makgoka, Nicholls, Eksteen, Mabindla-Boqwana
Legal Topics
Murder, Unlawful Hunting of Rhinoceros, Entrapment, Admissibility of Evidence, Dolus Eventualis, Non Parole Period
Criminal Law Environmental Law Civil Procedure Murder Unlawful Hunting of Rhinoceros Entrapment Admissibility of Evidence Dolus Eventualis +1 more

Case Brief

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Parties

William Mzamani Bilankulu

Appellant

Jansen Thapelo Mokoena

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence From the Limpopo Division of the High Court, Polokwane

Legal Issues

  1. 1 Whether the evidence obtained through undercover operation and entrapment was admissible.
  2. 2 Whether the cell phone records, disclosed late, infringed the appellants' right to a fair trial.
  3. 3 Whether the appellants had the requisite legal intent (dolus eventualis or dolus indeterminatus) for murder.

Ratio Decidendi

The Supreme Court of Appeal held that the undercover operation did not go beyond providing an opportunity to commit the offences, and thus the evidence of Khosa was automatically admissible under s 252A of the Criminal Procedure Act. The late disclosure of cell phone records did not prejudice the appellants' right to a fair trial, as they were given sufficient time to study the records and no actual prejudice was demonstrated. The court found that the appellants had the requisite legal intent (dolus indeterminatus) for murder, as they must have foreseen the possibility of a shoot-out with rangers during the poaching operation. Regarding sentence, the court found that the imposition of a...

Court Disposition

Appeal against conviction dismissed; appeal against sentence upheld.

Orders

  • The appeal against the conviction is dismissed.
  • The appeal against the sentence is upheld.