Radebe and Others v S (A227/2012) [2018] ZAFSHC 64; 2019 (1) SACR 565 (FB) (24 May 2018)

Radebe and Others v S (A227/2012) [2018] ZAFSHC 64; 2019 (1) SACR 565 (FB) (24 May 2018)

The trial court erred in convicting the appellants of assault GBH on count 4 when only common assault was charged, as assault GBH is not a competent verdict on common assault. There was no evidence establishing common purpose for the assault GBH conviction, as the appellants did not actively associate with the perpetrators. The sentences imposed were disproportionate, failing to consider the appellants' youthfulness, personal circumstances, and the influence of the community. The appeal against convictions on count 4 and the sentences on all counts succeeds. The convictions and sentences on count 4 are set aside, and the sentences on other counts are reduced and directed to run...

Citation
[2018] ZAFSHC 64
Parties
Appellant: Chemane Piet Radebe; Appellant: Pitso Jeremiah Mathabathe; Appellant: Thabo Phillip Mokoena; Appellant: Joseph Seun Selepe; Respondent: The State
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
24 May 2018
Case Number
A227/2012
Procedural Posture
Criminal Appeal / Appeal Against Convictions and Sentences
Outcome
Appeal against convictions on count 4 and sentences on all counts succeeds. Convictions and sentences on count 4 are set aside. Sentences on other counts are reduced and directed to run concurrently.
Judges
Lekale, Reinders, Zietsman
Legal Topics
Competent Verdicts, Common Purpose, Sentencing Principles, Youthfulness in Sentencing, Assault Gbh, Housebreaking With Intent to Murder
Criminal Law Competent Verdicts Common Purpose Sentencing Principles Youthfulness in Sentencing Assault Gbh Housebreaking With Intent to Murder

Case Brief

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Parties

Chemane Piet Radebe

Appellant

Pitso Jeremiah Mathabathe

Appellant

Thabo Phillip Mokoena

Appellant

Joseph Seun Selepe

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Convictions and Sentences

Legal Issues

  1. 1 Whether the trial court erred in convicting the appellants of assault GBH on count 4 when only common assault was charged.
  2. 2 Whether the evidence established common purpose for the assault GBH conviction on count 4.
  3. 3 Whether the sentences imposed were disproportionate and failed to consider the appellants' personal circumstances and youthfulness.

Ratio Decidendi

The trial court erred in convicting the appellants of assault GBH on count 4 when only common assault was charged, as assault GBH is not a competent verdict on common assault. There was no evidence establishing common purpose for the assault GBH conviction, as the appellants did not actively associate with the perpetrators. The sentences imposed were disproportionate, failing to consider the appellants' youthfulness, personal circumstances, and the influence of the community. The appeal against convictions on count 4 and the sentences on all counts succeeds. The convictions and sentences on count 4 are set aside, and the sentences on other counts are reduced and directed to run...

Court Disposition

Appeal against convictions on count 4 and sentences on all counts succeeds. Convictions and sentences on count 4 are set aside. Sentences on other counts are reduced and directed to run concurrently.

Orders

  • Convictions on count 4 are set aside for the first, second, and fourth appellants.
  • Sentences imposed on the first, second, and fourth appellants for counts 1 and 2 are set aside and substituted with 18 years imprisonment.