Mthembu v S (525/2019) [2019] ZASCA 160 (28 November 2019)

Mthembu v S (525/2019) [2019] ZASCA 160 (28 November 2019)

The court found that the ballistic evidence established a direct link between the firearm found in the appellant's possession and the cartridges at the scene of the attempted murder, providing sufficient circumstantial evidence for conviction. The appellant's version was found to be wholly unreliable and lacking credibility. The trial court correctly rejected the identification evidence but relied on the objective ballistic findings. The sentences imposed were appropriate given the seriousness of the offences, and the trial court properly considered the cumulative effect by ordering the sentences for possession of firearm and ammunition to run concurrently. There was no basis for...

Citation
[2019] ZASCA 160
Parties
Appellant: Joseph Tiamo Mthembu; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
28 November 2019
Case Number
525/2019
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence From the Gauteng Division of the High Court, Johannesburg
Outcome
Appeal dismissed.
Judges
Navsa, Saldulker, Swain, Dlodlo, Eksteen
Legal Topics
Attempted Murder, Unlawful Possession of Firearm, Unlawful Possession of Ammunition, Minimum Sentences Act, Circumstantial Evidence
Criminal Law Attempted Murder Unlawful Possession of Firearm Unlawful Possession of Ammunition Minimum Sentences Act Circumstantial Evidence

Case Brief

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Parties

Joseph Tiamo Mthembu

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence From the Gauteng Division of the High Court, Johannesburg

Legal Issues

  1. 1 Whether the circumstantial evidence was sufficient to link the appellant to the attempted murder of Sergeant Themane.
  2. 2 Whether the appellant was lawfully convicted for possession of an unlicensed firearm and ammunition.
  3. 3 Whether the sentences imposed were appropriate and whether they should have run concurrently.

Ratio Decidendi

The court found that the ballistic evidence established a direct link between the firearm found in the appellant's possession and the cartridges at the scene of the attempted murder, providing sufficient circumstantial evidence for conviction. The appellant's version was found to be wholly unreliable and lacking credibility. The trial court correctly rejected the identification evidence but relied on the objective ballistic findings. The sentences imposed were appropriate given the seriousness of the offences, and the trial court properly considered the cumulative effect by ordering the sentences for possession of firearm and ammunition to run concurrently. There was no basis for...

Court Disposition

Appeal dismissed.

Orders

  • The appeal is dismissed.