Kubheka v S (AR700/15) [2016] ZAKZDHC 36 (20 September 2016)

Kubheka v S (AR700/15) [2016] ZAKZDHC 36 (20 September 2016)

The court found that the appellant's version of events was improbable and not corroborated by the independent witness. The evidence established that the deceased and complainant were unarmed and that the appellant repeatedly shot at them, exceeding the bounds of self-defence. The contradictions in the state witnesses' evidence were not material and did not undermine their credibility. The appellant's conduct demonstrated the requisite intention to kill, both subjectively and objectively, and the state proved its case beyond a reasonable doubt. The appeal against the convictions was therefore dismissed.

Citation
[2016] ZAKZDHC 36
Parties
Appellant: Sipho Kubheka; Respondent: The State
Court
Kwazulu-Natal High Court, Durban
Jurisdiction
South Africa
Judgment Date
20 September 2016
Case Number
AR700/15
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal dismissed; convictions confirmed.
Judges
Mbatha, Balton
Legal Topics
Murder, Attempted Murder, Self Defence, Dolus Eventualis
Criminal Law Murder Attempted Murder Self Defence Dolus Eventualis

Case Brief

Summary, issues, holding and outcome

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Parties

Sipho Kubheka

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the appellant acted in self-defence when shooting the deceased and the complainant.
  2. 2 Whether the contradictions in the state witnesses' evidence were material to the outcome.
  3. 3 Whether the appellant had the requisite intention to kill for murder and attempted murder.

Ratio Decidendi

The court found that the appellant's version of events was improbable and not corroborated by the independent witness. The evidence established that the deceased and complainant were unarmed and that the appellant repeatedly shot at them, exceeding the bounds of self-defence. The contradictions in the state witnesses' evidence were not material and did not undermine their credibility. The appellant's conduct demonstrated the requisite intention to kill, both subjectively and objectively, and the state proved its case beyond a reasonable doubt. The appeal against the convictions was therefore dismissed.

Court Disposition

Appeal dismissed; convictions confirmed.

Orders

  • The appeal against the convictions is dismissed and the convictions are confirmed.