Fundamo v S (A220/2023) [2024] ZAGPPHC 199 (30 January 2024)

Fundamo v S (A220/2023) [2024] ZAGPPHC 199 (30 January 2024)

The trial court erred in relying on the co-accused's statement to convict the appellant, as section 219 of the Criminal Procedure Act prohibits the use of a confession by one accused against another. The statement in question was not a true confession but an extra-curial admission, which is hearsay and inadmissible unless admitted under statutory exceptions, which the trial court failed to consider. The appellant's conduct during the statement did not amount to an admission of guilt, nor did it satisfy the requirements for common purpose liability as set out in S v Mgedezi. The evidence showed the appellant was present under duress and did not actively associate with the murder or possess...

Citation
[2024] ZAGPPHC 199
Parties
Appellant: Costa Fundamo; Respondent: The State
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
30 January 2024
Case Number
A220/2023
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal upheld. Convictions for murder and robbery with aggravating circumstances, and the sentences imposed, are set aside.
Judges
Brand, Davis, Van Der Schyff
Legal Topics
Admissibility of Confessions, Common Purpose Liability, Hearsay Evidence, Mens Rea, Robbery With Aggravating Circumstances
Criminal Law Admissibility of Confessions Common Purpose Liability Hearsay Evidence Mens Rea Robbery With Aggravating Circumstances

Case Brief

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Parties

Costa Fundamo

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial court erred in relying on the co-accused's statement to convict the appellant.
  2. 2 Whether the appellant was correctly convicted of murder on the basis of common purpose.
  3. 3 Whether there was sufficient evidence to convict the appellant of robbery with aggravating circumstances.

Ratio Decidendi

The trial court erred in relying on the co-accused's statement to convict the appellant, as section 219 of the Criminal Procedure Act prohibits the use of a confession by one accused against another. The statement in question was not a true confession but an extra-curial admission, which is hearsay and inadmissible unless admitted under statutory exceptions, which the trial court failed to consider. The appellant's conduct during the statement did not amount to an admission of guilt, nor did it satisfy the requirements for common purpose liability as set out in S v Mgedezi. The evidence showed the appellant was present under duress and did not actively associate with the murder or possess...

Court Disposition

Appeal upheld. Convictions for murder and robbery with aggravating circumstances, and the sentences imposed, are set aside.

Orders

  • The appeal is upheld.
  • The conviction of the appellant for murder is set aside.