Maphana and Another v S (174/2017) [2018] ZASCA 8 (1 March 2018)

Maphana and Another v S (174/2017) [2018] ZASCA 8 (1 March 2018)

The Supreme Court of Appeal found no reasonable prospects of success on appeal against conviction, as the trial court's acceptance of the State witnesses' evidence and rejection of the appellants' versions was justified and free from misdirection. The appellants' defence that they were following lawful orders was rendered irrelevant by the facts found proved. The argument that their right to a fair trial was violated was also dismissed, as the magistrate's conduct did not amount to unfairness. However, the court held that the magistrate failed to consider the three and a half years the appellants spent in custody awaiting trial when imposing sentence. This omission constituted a...

Citation
[2018] ZASCA 8
Parties
Appellant: Tshamuhau Maphaha; Appellant: Thabo Molefe; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
1 March 2018
Case Number
174/2017
Procedural Posture
Criminal Appeal / Appeal Against Refusal of Petition for Leave to Appeal
Outcome
Appeal succeeds only to the extent that leave to appeal against sentence is granted; no prospects of success against conviction.
Judges
Leach, Mbha, Mocumie, Plasket, Mothle
Legal Topics
Robbery With Aggravating Circumstances, Sentencing, Pre Sentencing Detention, Leave to Appeal, Fair Trial Rights
Criminal Law Robbery With Aggravating Circumstances Sentencing Pre Sentencing Detention Leave to Appeal Fair Trial Rights

Case Brief

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Parties

Tshamuhau Maphaha

Appellant

Thabo Molefe

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Refusal of Petition for Leave to Appeal

Legal Issues

  1. 1 Whether there are reasonable prospects of success on appeal against conviction for robbery with aggravating circumstances.
  2. 2 Whether the trial court erred in accepting the evidence of the State witnesses and rejecting the appellants' versions.
  3. 3 Whether the appellants' right to a fair trial was violated.

Ratio Decidendi

The Supreme Court of Appeal found no reasonable prospects of success on appeal against conviction, as the trial court's acceptance of the State witnesses' evidence and rejection of the appellants' versions was justified and free from misdirection. The appellants' defence that they were following lawful orders was rendered irrelevant by the facts found proved. The argument that their right to a fair trial was violated was also dismissed, as the magistrate's conduct did not amount to unfairness. However, the court held that the magistrate failed to consider the three and a half years the appellants spent in custody awaiting trial when imposing sentence. This omission constituted a...

Court Disposition

Appeal succeeds only to the extent that leave to appeal against sentence is granted; no prospects of success against conviction.

Orders

  • The appeal succeeds to the extent set out below.
  • The order of the court below is set aside and replaced with the following order: 'The appellants are granted leave to appeal against sentence to the Gauteng Local Division of the High Court, Johannesburg.'