Mojela v S (A1118/10) [2013] ZAGPPHC 533 (6 December 2013)

Mojela v S (A1118/10) [2013] ZAGPPHC 533 (6 December 2013)

The Full Bench found that the appellant's version of possession and discharge of the firearm was corroborated by his siblings and was reasonably possibly true. The contradictions and material discrepancies in the State's evidence undermined the reliability of the conviction. The trial court failed to properly consider the issue of self-defence and the requirement of mens rea for unlawful possession. The State did not discharge its onus to prove the appellant acted unlawfully or with the necessary criminal intent. The conviction and sentence were therefore set aside.

Citation
[2013] ZAGPPHC 533
Parties
Appellant: Moses Kwena Mojela; Respondent: The State
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
6 December 2013
Case Number
A1118/10
Procedural Posture
Criminal Appeal / Full Bench Appeal Against Conviction and Sentence
Outcome
Appeal upheld; conviction and sentence set aside.
Judges
L M Molopa-Sethosa, E M Kubushi, P van der Byl
Legal Topics
Unlawful Possession of Firearm, Mens Rea, Self Defence, Contradictory Evidence, Onus of Proof
Criminal Law Unlawful Possession of Firearm Mens Rea Self Defence Contradictory Evidence Onus of Proof

Case Brief

Summary, issues, holding and outcome

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Parties

Moses Kwena Mojela

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Full Bench Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the appellant had the necessary mens rea for unlawful possession of a firearm.
  2. 2 Whether the appellant's version of possession and discharge of the firearm is reasonably possibly true.
  3. 3 Whether the State proved the appellant acted unlawfully in discharging the firearm.

Ratio Decidendi

The Full Bench found that the appellant's version of possession and discharge of the firearm was corroborated by his siblings and was reasonably possibly true. The contradictions and material discrepancies in the State's evidence undermined the reliability of the conviction. The trial court failed to properly consider the issue of self-defence and the requirement of mens rea for unlawful possession. The State did not discharge its onus to prove the appellant acted unlawfully or with the necessary criminal intent. The conviction and sentence were therefore set aside.

Court Disposition

Appeal upheld; conviction and sentence set aside.

Orders

  • The appeal against conviction is upheld.
  • The conviction and sentence imposed by the court a quo on 20 May 2009 are set aside and replaced with: 'The accused is not found guilty and is discharged.'