S v Barlow (0045/2010) [2012] ZAGPJHC 303 (27 August 2012)

S v Barlow (0045/2010) [2012] ZAGPJHC 303 (27 August 2012)

The court found that the accused's version of events was not reasonably possibly true. The evidence of the State witnesses, particularly Myrna Botha, was accepted as credible and consistent with the forensic findings. The accused's conduct after the incident, including fleeing the scene with the deceased's firearm and failing to call corroborating witnesses, indicated guilt. The court rejected the accused's claim of self-defence, noting that the deceased was shot multiple times and that the accused was in possession of the firearm after the shooting. The accused was convicted of murder, theft of a firearm, attempted murder, unlawful possession of a firearm, and unlawful possession of...

Citation
[2012] ZAGPJHC 303
Parties
Applicant: The State; Respondent: Geshwin Barlow
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
27 August 2012
Case Number
0045/2010
Procedural Posture
Criminal Trial / Judgment and Sentencing
Outcome
The accused is found guilty on counts of murder, theft of a firearm, attempted murder, unlawful possession of a firearm, and unlawful possession of ammunition. He is sentenced to an effective term of fifteen years' imprisonment.
Judges
Mabesele
Legal Topics
Murder, Theft of Firearm, Attempted Murder, Unlawful Possession of Firearm, Unlawful Possession of Ammunition, Self Defence
Criminal Law Murder Theft of Firearm Attempted Murder Unlawful Possession of Firearm Unlawful Possession of Ammunition Self Defence

Case Brief

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Parties

The State

Applicant

Geshwin Barlow

Respondent

Procedural Posture

Criminal Trial / Judgment and Sentencing

Legal Issues

  1. 1 Whether the accused unlawfully and intentionally killed the deceased.
  2. 2 Whether the accused unlawfully possessed the deceased's firearm and ammunition.
  3. 3 Whether the accused attempted to murder Myrna Botha.

Ratio Decidendi

The court found that the accused's version of events was not reasonably possibly true. The evidence of the State witnesses, particularly Myrna Botha, was accepted as credible and consistent with the forensic findings. The accused's conduct after the incident, including fleeing the scene with the deceased's firearm and failing to call corroborating witnesses, indicated guilt. The court rejected the accused's claim of self-defence, noting that the deceased was shot multiple times and that the accused was in possession of the firearm after the shooting. The accused was convicted of murder, theft of a firearm, attempted murder, unlawful possession of a firearm, and unlawful possession of...

Court Disposition

The accused is found guilty on counts of murder, theft of a firearm, attempted murder, unlawful possession of a firearm, and unlawful possession of ammunition. He is sentenced to an effective term of fifteen years' imprisonment.

Orders

  • Ten years' imprisonment on count 2 (murder).
  • Three years' imprisonment on count 3 (theft of firearm).