Ngcamu and Another v S (665/2009) [2010] ZASCA 70; 2011 (1) SACR 1 (SCA) (26 May 2010)

Ngcamu and Another v S (665/2009) [2010] ZASCA 70; 2011 (1) SACR 1 (SCA) (26 May 2010)

The court found that Mabuza's identification of the appellant as the driver of the getaway vehicle was reliable, given their close prior relationship and the circumstances of the chase. The appellant's alibi defence was rejected as implausible and riddled with inconsistencies, including the delayed and geographically inconsistent police report and his conduct after the alleged hijacking. The court held that the conviction for attempted murder in respect of Mabuza was justified, as shots were fired at him with the requisite criminal intent, regardless of the armoured nature of his vehicle. However, the conviction for attempted murder in respect of Mhlongo was not supported by evidence, as...

Citation
[2010] ZASCA 70
Parties
Appellant: Thulani Ngcamu; Appellant: Sifiso Shange; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
26 May 2010
Case Number
665/2009
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence
Outcome
Appeal against convictions for robbery with aggravating circumstances and attempted murder in respect of Mabuza dismissed; appeal against conviction for attempted murder in respect of Mhlongo upheld.
Judges
Mthiyane, Mhlantla, Saldulker
Legal Topics
Identification Evidence, Robbery With Aggravating Circumstances, Attempted Murder, Alibi Defence, Firearms Control Act, Appeal Procedure
Criminal Law Identification Evidence Robbery With Aggravating Circumstances Attempted Murder Alibi Defence Firearms Control Act Appeal Procedure

Case Brief

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Parties

Thulani Ngcamu

Appellant

Sifiso Shange

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence

Legal Issues

  1. 1 Whether the appellant was correctly identified as the driver of the getaway vehicle during the robbery.
  2. 2 Whether the appellant's alibi defence that he was hijacked prior to the robbery is reasonably possibly true.
  3. 3 Whether the conviction for attempted murder in respect of Mhlongo (count 2) was sustainable given the evidence.

Ratio Decidendi

The court found that Mabuza's identification of the appellant as the driver of the getaway vehicle was reliable, given their close prior relationship and the circumstances of the chase. The appellant's alibi defence was rejected as implausible and riddled with inconsistencies, including the delayed and geographically inconsistent police report and his conduct after the alleged hijacking. The court held that the conviction for attempted murder in respect of Mabuza was justified, as shots were fired at him with the requisite criminal intent, regardless of the armoured nature of his vehicle. However, the conviction for attempted murder in respect of Mhlongo was not supported by evidence, as...

Court Disposition

Appeal against convictions for robbery with aggravating circumstances and attempted murder in respect of Mabuza dismissed; appeal against conviction for attempted murder in respect of Mhlongo upheld.

Orders

  • The appeal against the conviction of robbery with aggravating circumstances (count 1) and attempted murder in respect of Dingaan Elphas Mabuza (count 3) is dismissed.
  • The appeal against the conviction on count 2—the attempted murder in respect of Tobias Dumisani Mhlongo—is upheld, and paragraph 1 of the order of the court a quo is substituted with: 'The appeal of both appellants against their conviction and sentences in respect of count 2 is upheld.'