De Lange v S (A86/10) [2011] ZAFSHC 23 (10 February 2011)

De Lange v S (A86/10) [2011] ZAFSHC 23 (10 February 2011)

The court found that the appellant arrived at the scene armed with a revolver and fired five shots, four of which struck the deceased Ruiters and one struck the deceased Petersen. The evidence of Grobbelaar and Simpson was accepted as credible and reliable, while Ramontsoe's evidence was only accepted to the extent corroborated by other State witnesses. The appellant's version was found to be highly improbable and was rejected as false beyond reasonable doubt. The court concluded that the appellant acted as the aggressor and that the deceased posed no threat at the time they were shot. The State proved all elements of murder, including intent and unlawfulness, beyond reasonable doubt. The...

Citation
[2011] ZAFSHC 23
Parties
Appellant: Louis Johannes De Lange; Respondent: The State
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
10 February 2011
Case Number
A86/10
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal dismissed; convictions upheld.
Judges
Hancke, R, Mocumie, R, Fischer, WND R
Legal Topics
Murder, Intent, Self Defence, Credibility of Witnesses
Criminal Law Murder Intent Self Defence Credibility of Witnesses

Case Brief

Summary, issues, holding and outcome

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Parties

Louis Johannes De Lange

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the appellant was correctly convicted of two counts of murder.
  2. 2 Whether the appellant acted with intent and unlawfully during the commission of the offences.
  3. 3 Whether the appellant's version was reasonably possibly true or should be rejected as false beyond reasonable doubt.

Ratio Decidendi

The court found that the appellant arrived at the scene armed with a revolver and fired five shots, four of which struck the deceased Ruiters and one struck the deceased Petersen. The evidence of Grobbelaar and Simpson was accepted as credible and reliable, while Ramontsoe's evidence was only accepted to the extent corroborated by other State witnesses. The appellant's version was found to be highly improbable and was rejected as false beyond reasonable doubt. The court concluded that the appellant acted as the aggressor and that the deceased posed no threat at the time they were shot. The State proved all elements of murder, including intent and unlawfulness, beyond reasonable doubt. The...

Court Disposition

Appeal dismissed; convictions upheld.

Orders

  • The appeal against both convictions of murder is dismissed.