Maqheane and Others v S (A232/2008) [2009] ZAFSHC 58 (14 May 2009)

Maqheane and Others v S (A232/2008) [2009] ZAFSHC 58 (14 May 2009)

The court found that the evidence against the second and third appellants was overwhelming and their denials were not reasonably possibly true. The first appellant's appeal against sentence was dismissed as no substantial and compelling circumstances were presented. The evidence against the fourth appellant (accused number five) was found to be insufficient; his version was reasonably possibly true, and the trial court erred in rejecting his evidence. Consequently, his convictions and sentences were set aside. The trial court's findings regarding the credibility of witnesses and the handling of stolen property were upheld for the other appellants.

Citation
[2009] ZAFSHC 58
Parties
Appellant: Albert B N T Maqheane; Appellant: Kholisile J A Nthethu; Appellant: Sibongile J Maqheane; Appellant: Modupe Motaung; Respondent: The State
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
14 May 2009
Case Number
A232/2008
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
The appeals of the first, second, and third appellants are dismissed. The appeal of the fourth appellant succeeds; his convictions and sentences are set aside.
Judges
C.H.G. Van der Merwe, S. Ebrahim, J. Nxusani
Legal Topics
Robbery With Aggravating Circumstances, Murder, Appeal Against Conviction, Appeal Against Sentence, Substantial and Compelling Circumstances, Credibility of Witnesses
Criminal Law Robbery With Aggravating Circumstances Murder Appeal Against Conviction Appeal Against Sentence Substantial and Compelling Circumstances Credibility of Witnesses

Case Brief

Summary, issues, holding and outcome

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Parties

Albert B N T Maqheane

Appellant

Kholisile J A Nthethu

Appellant

Sibongile J Maqheane

Appellant

Modupe Motaung

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the convictions of the second, third, and fourth appellants for robbery with aggravating circumstances and murder were justified.
  2. 2 Whether the sentences imposed on the first, second, and third appellants were appropriate and whether substantial and compelling circumstances existed to justify deviation from prescribed sentences.
  3. 3 Whether the evidence against the fourth appellant (accused number five) was sufficient to sustain a conviction.

Ratio Decidendi

The court found that the evidence against the second and third appellants was overwhelming and their denials were not reasonably possibly true. The first appellant's appeal against sentence was dismissed as no substantial and compelling circumstances were presented. The evidence against the fourth appellant (accused number five) was found to be insufficient; his version was reasonably possibly true, and the trial court erred in rejecting his evidence. Consequently, his convictions and sentences were set aside. The trial court's findings regarding the credibility of witnesses and the handling of stolen property were upheld for the other appellants.

Court Disposition

The appeals of the first, second, and third appellants are dismissed. The appeal of the fourth appellant succeeds; his convictions and sentences are set aside.

Orders

  • The appeals of the first, second, and third appellants are dismissed.
  • The appeal of the fourth appellant succeeds and his convictions and sentences are set aside.