S v Bowale (K/S 47/07) [2012] ZANCHC 24 (25 May 2012)

S v Bowale (K/S 47/07) [2012] ZANCHC 24 (25 May 2012)

The court found that the evidence did not support a conviction for attempted murder. The injuries inflicted on the complainant were not life threatening, and there was no medical evidence to infer intent to kill. The conduct of the assailants, including tying the complainant to the steering wheel with the vehicle keys left in the ignition, did not demonstrate an intention to cause death. The threats made after the assault were not followed through, and the complainant was able to free himself and seek help. The court concluded that the benefit of the doubt must accrue to the appellant, and that the State had only proven assault with intent to do grievous bodily harm. Accordingly, the...

Citation
[2012] ZANCHC 24
Parties
Appellant: Hosea Shimanyana Bowale; Respondent: The State
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
25 May 2012
Case Number
K/S 47/07
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence on Count 2
Outcome
Appeal against conviction and sentence on count 2 upheld; conviction and sentence for attempted murder set aside and replaced with conviction and sentence for assault with intent to do grievous bodily harm.
Judges
Williams, Phatshoane, Hughes-Madondo
Legal Topics
Attempted Murder, Assault With Intent to Do Grievous Bodily Harm, Common Purpose, Sentencing, Criminal Procedure Act Section 282
Criminal Law Attempted Murder Assault With Intent to Do Grievous Bodily Harm Common Purpose Sentencing Criminal Procedure Act Section 282

Case Brief

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Parties

Hosea Shimanyana Bowale

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence on Count 2

Legal Issues

  1. 1 Whether the appellant had the requisite intention to commit attempted murder.
  2. 2 Whether the conviction for attempted murder was supported by the evidence.
  3. 3 Whether the appellant should have been convicted of assault with intent to do grievous bodily harm instead.

Ratio Decidendi

The court found that the evidence did not support a conviction for attempted murder. The injuries inflicted on the complainant were not life threatening, and there was no medical evidence to infer intent to kill. The conduct of the assailants, including tying the complainant to the steering wheel with the vehicle keys left in the ignition, did not demonstrate an intention to cause death. The threats made after the assault were not followed through, and the complainant was able to free himself and seek help. The court concluded that the benefit of the doubt must accrue to the appellant, and that the State had only proven assault with intent to do grievous bodily harm. Accordingly, the...

Court Disposition

Appeal against conviction and sentence on count 2 upheld; conviction and sentence for attempted murder set aside and replaced with conviction and sentence for assault with intent to do grievous bodily harm.

Orders

  • The appeal against the conviction and sentence in respect of count 2 (attempted murder) is upheld.
  • The conviction and sentence in respect of count 2 (attempted murder) are set aside and replaced with: 'The accused is convicted of assault with intent to do grievous bodily harm and sentenced to four (4) years imprisonment.'