Madlovu v S (A435/2006) [2008] ZAWCHC 138 (8 February 2008)

Madlovu v S (A435/2006) [2008] ZAWCHC 138 (8 February 2008)

The appeal court found that although the appellant was not in innocent possession of the stolen vehicle and must have known it was stolen, the evidence did not support the inference that he assisted the robbers to evade justice, which is an essential element for conviction as an accessory after the fact. The trial court's excessive questioning did not result in a failure of justice. The appellant should have been convicted of possession of stolen goods under section 36 of the General Law Amendment Act, which is a competent verdict for a charge of robbery, rather than as an accessory after the fact.

Citation
[2008] ZAWCHC 138
Parties
Appellant: Zaza Madlovu; Respondent: The State
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
8 February 2008
Case Number
A435/2006
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal upheld in part; conviction as accessory after the fact to robbery set aside and substituted with conviction for possession of stolen goods. Conviction for unlawful possession of firearms remains.
Judges
Potgieter
Legal Topics
Accessory After the Fact, Possession of Stolen Goods, Unlawful Possession of Firearms, Circumstantial Evidence
Criminal Law Accessory After the Fact Possession of Stolen Goods Unlawful Possession of Firearms Circumstantial Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Zaza Madlovu

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the appellant was correctly convicted as an accessory after the fact to robbery.
  2. 2 Whether the appellant's version was reasonably possibly true.
  3. 3 Whether the trial court's conduct amounted to irregularity causing a failure of justice.

Ratio Decidendi

The appeal court found that although the appellant was not in innocent possession of the stolen vehicle and must have known it was stolen, the evidence did not support the inference that he assisted the robbers to evade justice, which is an essential element for conviction as an accessory after the fact. The trial court's excessive questioning did not result in a failure of justice. The appellant should have been convicted of possession of stolen goods under section 36 of the General Law Amendment Act, which is a competent verdict for a charge of robbery, rather than as an accessory after the fact.

Court Disposition

Appeal upheld in part; conviction as accessory after the fact to robbery set aside and substituted with conviction for possession of stolen goods. Conviction for unlawful possession of firearms remains.

Orders

  • The conviction of the appellant as an accessory after the fact to robbery is set aside.
  • The appellant is convicted of possession of stolen goods in contravention of section 36 of the General Law Amendment Act, 62 of 1955.