S v Camphor and Another - On Merits (CC02/2022) [2023] ZAECQBHC 44 (30 June 2023)

S v Camphor and Another - On Merits (CC02/2022) [2023] ZAECQBHC 44 (30 June 2023)

The court found that the State proved beyond reasonable doubt that both accused were present at the scene and participated in the murder and attempted murder, acting in furtherance of gang activity and common purpose. The evidence of Simon, though a single witness, was found credible and corroborated by other evidence, including police testimony, ballistic analysis, and photographic exhibits. The accused's alibi evidence was contradictory and unconvincing, and their denials of gang involvement were rejected in light of the totality of evidence. The court concluded that Accused 1 unlawfully possessed drugs, explosives, tear gas, and ammunition, and that both accused acted as members of the...

Citation
[2023] ZAECQBHC 44
Parties
Applicant: The State; Defendant: Ashlyn Camphor; Defendant: Duwayne Williams
Court
Eastern Cape High Court, Gqeberha
Jurisdiction
South Africa
Judgment Date
30 June 2023
Case Number
CC02/2022
Procedural Posture
Criminal Trial / Merits Judgment
Outcome
Accused 1 is found guilty on counts 1 to 12. Accused 2 is found guilty on counts 1 to 7.
Judges
M Makaula
Legal Topics
Murder, Attempted Murder, Unlawful Possession of Firearm, Unlawful Possession of Drugs, Prevention of Organised Crime Act, Common Purpose, Gang Activity
Criminal Law Murder Attempted Murder Unlawful Possession of Firearm Unlawful Possession of Drugs Prevention of Organised Crime Act Common Purpose Gang Activity

Case Brief

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Parties

The State

Applicant

Ashlyn Camphor

Defendant

Duwayne Williams

Defendant

Procedural Posture

Criminal Trial / Merits Judgment

Legal Issues

  1. 1 Whether the accused were present and participated in the murder and attempted murder on 26 January 2021.
  2. 2 Whether the accused acted in furtherance of criminal gang activity in contravention of POCA.
  3. 3 Whether the evidence of a single witness is sufficient to convict the accused.

Ratio Decidendi

The court found that the State proved beyond reasonable doubt that both accused were present at the scene and participated in the murder and attempted murder, acting in furtherance of gang activity and common purpose. The evidence of Simon, though a single witness, was found credible and corroborated by other evidence, including police testimony, ballistic analysis, and photographic exhibits. The accused's alibi evidence was contradictory and unconvincing, and their denials of gang involvement were rejected in light of the totality of evidence. The court concluded that Accused 1 unlawfully possessed drugs, explosives, tear gas, and ammunition, and that both accused acted as members of the...

Court Disposition

Accused 1 is found guilty on counts 1 to 12. Accused 2 is found guilty on counts 1 to 7.

Orders

  • Accused 1 is convicted on all charges: contravention of POCA, murder, attempted murder, unlawful possession of firearm, ammunition, drugs, explosives, and tear gas.
  • Accused 2 is convicted on charges: contravention of POCA, murder, attempted murder, unlawful possession of firearm and ammunition.