Melck and Ander v S (A191/2011) [2011] ZAFSHC 146 (8 September 2011)

Melck and Ander v S (A191/2011) [2011] ZAFSHC 146 (8 September 2011)

The appellate court found that the trial court was justified in its findings of fact and credibility, having carefully considered the evidence of all witnesses, including the appellants. Appellant 2 was found to have sought out the deceased and fired shots with intent to wound, and the evidence supported the conclusion that he fired a second time at the deceased. His actions were not justified by private defence, as he could have avoided the confrontation. Appellant 1's conduct at the deceased's house was not justified by putative private defence; his explanations were unconvincing, and the evidence indicated he fired at the deceased with intent to kill. The trial court's approach to...

Citation
[2011] ZAFSHC 146
Parties
Appellant: Daniël Melck; Appellant: Stanley Vaalbank; Respondent: The State
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
8 September 2011
Case Number
A191/2011
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeals against conviction and sentence dismissed.
Judges
Ebrahim, Van der Merwe, Jordaan
Legal Topics
Attempted Murder, Murder, Assault With Intent to Do Grievous Bodily Harm, Appeal Procedure, Sentencing Principles
Criminal Law Attempted Murder Murder Assault With Intent to Do Grievous Bodily Harm Appeal Procedure Sentencing Principles

Case Brief

Summary, issues, holding and outcome

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Parties

Daniël Melck

Appellant

Stanley Vaalbank

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the trial court erred in its assessment of witness credibility and findings of fact.
  2. 2 Whether the appellants were correctly convicted on charges of attempted murder, murder, and assault with intent to do grievous bodily harm.
  3. 3 Whether the sentences imposed were appropriate and justified in the circumstances.

Ratio Decidendi

The appellate court found that the trial court was justified in its findings of fact and credibility, having carefully considered the evidence of all witnesses, including the appellants. Appellant 2 was found to have sought out the deceased and fired shots with intent to wound, and the evidence supported the conclusion that he fired a second time at the deceased. His actions were not justified by private defence, as he could have avoided the confrontation. Appellant 1's conduct at the deceased's house was not justified by putative private defence; his explanations were unconvincing, and the evidence indicated he fired at the deceased with intent to kill. The trial court's approach to...

Court Disposition

Appeals against conviction and sentence dismissed.

Orders

  • The appeals of both appellants against conviction and sentence are dismissed.