Lusenga and Others v S (A240/11) [2012] ZAGPPHC 132 (28 June 2012)

Lusenga and Others v S (A240/11) [2012] ZAGPPHC 132 (28 June 2012)

The court found that the confession by the 2nd appellant was admissible, as the statutory requirements were met and the contradictions in his testimony undermined his claim of undue influence. The identification evidence presented by the State was unreliable and insufficient to sustain convictions on certain counts, particularly those committed on 9 August 2003, due to poor visibility, lack of prior knowledge, and procedural flaws in the identification parade. The doctrine of common purpose could not be applied to link the appellants to all offences, especially where there was no evidence that they could have foreseen the actions of others. The fingerprint evidence linked the 3rd and 4th...

Citation
[2012] ZAGPPHC 132
Parties
Appellant: Abram Jamlut Lusenga; Appellant: Tshilidzi Rikhotso; Appellant: Clement Mangokgotho Malatji; Appellant: William Lucky Maswanganyi; Respondent: The State
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
28 June 2012
Case Number
A240/11
Procedural Posture
Criminal Appeal / Appeal Against Conviction Only
Outcome
Appeals partially upheld and partially dismissed; convictions set aside on certain counts and confirmed on others.
Judges
Raulinga, Tolmay, Bam
Legal Topics
Admissibility of Confessions, Identification Evidence, Common Purpose, Minimum Sentences, Circumstantial Evidence
Criminal Law Admissibility of Confessions Identification Evidence Common Purpose Minimum Sentences Circumstantial Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Abram Jamlut Lusenga

Appellant

Tshilidzi Rikhotso

Appellant

Clement Mangokgotho Malatji

Appellant

William Lucky Maswanganyi

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction Only

Legal Issues

  1. 1 Whether the confession made by the 2nd appellant was admissible and made freely and voluntarily.
  2. 2 Whether the identification evidence against the appellants was reliable and sufficient for conviction.
  3. 3 Whether the doctrine of common purpose applied to link the appellants to all the offences.

Ratio Decidendi

The court found that the confession by the 2nd appellant was admissible, as the statutory requirements were met and the contradictions in his testimony undermined his claim of undue influence. The identification evidence presented by the State was unreliable and insufficient to sustain convictions on certain counts, particularly those committed on 9 August 2003, due to poor visibility, lack of prior knowledge, and procedural flaws in the identification parade. The doctrine of common purpose could not be applied to link the appellants to all offences, especially where there was no evidence that they could have foreseen the actions of others. The fingerprint evidence linked the 3rd and 4th...

Court Disposition

Appeals partially upheld and partially dismissed; convictions set aside on certain counts and confirmed on others.

Orders

  • Appeal in respect of the 1st and 3rd appellants is upheld on count 6; their appeal on counts 4 and 5 is dismissed.
  • Appeal in respect of the 2nd and 4th appellants is upheld on counts 1, 2, 3 and 6; their appeal on counts 4 and 5 is dismissed.