Mailula v S (A70/2017) [2017] ZAGPJHC 226 (17 August 2017)

Mailula v S (A70/2017) [2017] ZAGPJHC 226 (17 August 2017)

The appeal succeeded because the trial court misdirected itself by failing to articulate the improbabilities or unreasonable facts in the appellant's version and by not properly applying the test for rejecting an accused's version. The evidence did not conclusively link the appellant's actions to the fatal injuries, and the time lapse between the witnessed assault and the death created reasonable doubt. The court found that the appellant's version was reasonably possibly true and that he acted in self-defence when he slapped the deceased. Accordingly, the conviction and sentence could not stand.

Citation
[2017] ZAGPJHC 226
Parties
Appellant: Lesley Thapelo Mailula; Respondent: The State
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
17 August 2017
Case Number
A70/2017
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal upheld; conviction and sentence set aside.
Judges
Opperman, Francis
Legal Topics
Murder, Self Defence, Onus of Proof, Appeal Procedure, Assessment of Evidence
Criminal Law Murder Self Defence Onus of Proof Appeal Procedure Assessment of Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Lesley Thapelo Mailula

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the trial court misdirected itself in assessing the evidence and rejecting the appellant's version.
  2. 2 Whether the appellant's version was reasonably possibly true and whether he acted in self-defence.
  3. 3 Whether the conviction and sentence should be set aside.

Ratio Decidendi

The appeal succeeded because the trial court misdirected itself by failing to articulate the improbabilities or unreasonable facts in the appellant's version and by not properly applying the test for rejecting an accused's version. The evidence did not conclusively link the appellant's actions to the fatal injuries, and the time lapse between the witnessed assault and the death created reasonable doubt. The court found that the appellant's version was reasonably possibly true and that he acted in self-defence when he slapped the deceased. Accordingly, the conviction and sentence could not stand.

Court Disposition

Appeal upheld; conviction and sentence set aside.

Orders

  • The appeal is upheld.
  • The conviction and sentence are set aside.