S v Bacela and Another (7/2008) [2008] ZAECHC 81 (17 June 2008)

S v Bacela and Another (7/2008) [2008] ZAECHC 81 (17 June 2008)

The court found that accused no. 1 unlawfully and intentionally stabbed the deceased, causing his death, and was aware that his actions could result in death. The claim of self-defence was rejected as dishonest and unsupported by the evidence. The accomplice witnesses were found credible, and the accused's version was rejected. Accused no. 2 was not present during the stabbing and did not share a common purpose to kill; thus, he was acquitted of murder. Both accused were found guilty of housebreaking with intent to steal and theft, as they unlawfully broke into the deceased's house and stole beer. The evidence did not support a conviction for robbery or attempted robbery, as there was no...

Citation
[2008] ZAECHC 81
Parties
Applicant: The State; Defendant: Vuyolwethu Bacela; Defendant: Siyabonga Goodman Nqwala
Court
High Courts - Eastern Cape
Jurisdiction
South Africa
Judgment Date
17 June 2008
Case Number
7/2008
Procedural Posture
Criminal Trial / Judgment
Outcome
Accused no. 1 is convicted of murder and housebreaking with intent to steal and theft. Accused no. 2 is acquitted of murder but convicted of housebreaking with intent to steal and theft.
Judges
Y Ebrahim
Legal Topics
Murder, Housebreaking With Intent to Steal, Theft, Common Purpose, Self Defence
Criminal Law Murder Housebreaking With Intent to Steal Theft Common Purpose Self Defence

Case Brief

Summary, issues, holding and outcome

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Parties

The State

Applicant

Vuyolwethu Bacela

Defendant

Siyabonga Goodman Nqwala

Defendant

Procedural Posture

Criminal Trial / Judgment

Legal Issues

  1. 1 Whether accused no. 1 is guilty of the murder of the deceased.
  2. 2 Whether accused no. 2 is guilty of murder by common purpose.
  3. 3 Whether both accused are guilty of housebreaking with intent to steal and theft.

Ratio Decidendi

The court found that accused no. 1 unlawfully and intentionally stabbed the deceased, causing his death, and was aware that his actions could result in death. The claim of self-defence was rejected as dishonest and unsupported by the evidence. The accomplice witnesses were found credible, and the accused's version was rejected. Accused no. 2 was not present during the stabbing and did not share a common purpose to kill; thus, he was acquitted of murder. Both accused were found guilty of housebreaking with intent to steal and theft, as they unlawfully broke into the deceased's house and stole beer. The evidence did not support a conviction for robbery or attempted robbery, as there was no...

Court Disposition

Accused no. 1 is convicted of murder and housebreaking with intent to steal and theft. Accused no. 2 is acquitted of murder but convicted of housebreaking with intent to steal and theft.

Orders

  • Accused no. 1 is found guilty of the murder of Mzinaye Oliver Ntaka.
  • Accused no. 2 is found not guilty of murder and discharged on count 1.