Morathane and Another v S (A327/2017) [2020] ZAGPPHC 241 (14 May 2020)

Morathane and Another v S (A327/2017) [2020] ZAGPPHC 241 (14 May 2020)

The court found that the identification evidence against the 1st appellant was reliable and corroborated by multiple witnesses and circumstantial facts, including his gunshot wound and possession of a firearm at the scene. The absence of forensic evidence did not negate the overwhelming circumstantial and direct evidence. The written statement containing admissions by the 2nd appellant was not a confession but contained sufficient admissions to link him to the robbery and theft of the Nissan Bakkie. The court held that the fact that the statement was taken by an officer from the same unit as the investigating officer did not constitute an irregularity. The 2nd appellant's alibi was found...

Citation
[2020] ZAGPPHC 241
Parties
Appellant: Lebohang Nicodimus Morathane; Appellant: Raymond Happy Seshabela; Respondent: The State
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
14 May 2020
Case Number
A327/2017
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal by the 1st appellant against conviction and sentence dismissed; appeal by the 2nd appellant against convictions and sentences on counts 2, 3, and 5 upheld and those convictions and sentences set aside; convictions and sentences on counts 1 and 4 against the 2nd appellant confirmed.
Judges
Yende, Rabie
Legal Topics
Robbery With Aggravating Circumstances, Firearm Possession, Admissions and Confessions, Identification Evidence, Minimum Sentencing, Alibi Defence
Criminal Law Robbery With Aggravating Circumstances Firearm Possession Admissions and Confessions Identification Evidence Minimum Sentencing Alibi Defence

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Parties

Lebohang Nicodimus Morathane

Appellant

Raymond Happy Seshabela

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the trial court correctly evaluated and accepted the identification evidence against the 1st appellant.
  2. 2 Whether the trial court erred in accepting the written statement containing admissions by the 2nd appellant, taken by a police officer from the same unit as the investigating officer.
  3. 3 Whether the trial court misdirected itself in convicting the 2nd appellant on counts 2 and 3.

Ratio Decidendi

The court found that the identification evidence against the 1st appellant was reliable and corroborated by multiple witnesses and circumstantial facts, including his gunshot wound and possession of a firearm at the scene. The absence of forensic evidence did not negate the overwhelming circumstantial and direct evidence. The written statement containing admissions by the 2nd appellant was not a confession but contained sufficient admissions to link him to the robbery and theft of the Nissan Bakkie. The court held that the fact that the statement was taken by an officer from the same unit as the investigating officer did not constitute an irregularity. The 2nd appellant's alibi was found...

Court Disposition

Appeal by the 1st appellant against conviction and sentence dismissed; appeal by the 2nd appellant against convictions and sentences on counts 2, 3, and 5 upheld and those convictions and sentences set aside; convictions and sentences on counts 1 and 4 against the 2nd appellant confirmed.

Orders

  • The appeal against both the convictions and sentences in respect of count 1, 2, and 3 by the 1st appellant is dismissed.
  • The convictions and sentences imposed by the trial court in respect of count 1, 2, and 3 against the 1st appellant are confirmed; the 1st appellant shall serve an effective sentence of 15 years imprisonment.