Ngobese v S (A457/17) [2019] ZAGPPHC 507 (20 September 2019)

Ngobese v S (A457/17) [2019] ZAGPPHC 507 (20 September 2019)

The court found material contradictions between the State witnesses regarding the number of shots fired and the absence of supporting evidence for multiple shots. The magistrate accepted only one shot was fired, and there was no evidence proving intent to kill. The wounds inflicted were not life threatening, and the appellant's actions did not demonstrate an intention to kill but rather to incapacitate the complainant during the robbery. The conviction for attempted murder was set aside and substituted with assault with intent to do grievous bodily harm. The sentence of five years' imprisonment for this offence was ordered to run consecutively with the sentences for robbery, reflecting...

Citation
[2019] ZAGPPHC 507
Parties
Appellant: Mhlaliseni Siphesihle Ngobese; Respondent: The State
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
20 September 2019
Case Number
A457/17
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence (count 2 Only)
Outcome
Appeal against conviction upheld; conviction for attempted murder set aside and substituted with assault with intent to do grievous bodily harm; sentence imposed for count 2 to run consecutively with sentences for counts 1 and 3.
Judges
Nobanda, SNI Mokose
Legal Topics
Attempted Murder, Assault With Intent to Do Grievous Bodily Harm, Robbery With Aggravating Circumstances, Minimum Sentencing, Use of Firearm in Crime
Criminal Law Attempted Murder Assault With Intent to Do Grievous Bodily Harm Robbery With Aggravating Circumstances Minimum Sentencing Use of Firearm in Crime

Case Brief

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Parties

Mhlaliseni Siphesihle Ngobese

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence (count 2 Only)

Legal Issues

  1. 1 Whether the appellant intended to kill the complainant when firing the shot.
  2. 2 Whether the evidence supports a conviction of attempted murder or a lesser offence.
  3. 3 Whether the wounds inflicted were dangerous or life threatening.

Ratio Decidendi

The court found material contradictions between the State witnesses regarding the number of shots fired and the absence of supporting evidence for multiple shots. The magistrate accepted only one shot was fired, and there was no evidence proving intent to kill. The wounds inflicted were not life threatening, and the appellant's actions did not demonstrate an intention to kill but rather to incapacitate the complainant during the robbery. The conviction for attempted murder was set aside and substituted with assault with intent to do grievous bodily harm. The sentence of five years' imprisonment for this offence was ordered to run consecutively with the sentences for robbery, reflecting...

Court Disposition

Appeal against conviction upheld; conviction for attempted murder set aside and substituted with assault with intent to do grievous bodily harm; sentence imposed for count 2 to run consecutively with sentences for counts 1 and 3.

Orders

  • The appeal against conviction is upheld.
  • The conviction for attempted murder is set aside and substituted with a conviction for assault with intent to do grievous bodily harm.