S v Cele (SS 220/12) [2013] ZAGPJHC 52 (22 March 2013)

S v Cele (SS 220/12) [2013] ZAGPJHC 52 (22 March 2013)

The court found that the State's evidence, including the corroborated testimony of the accomplice Kabelo and the complainant Madramoothoo, as well as DNA evidence linking the accused to the murder weapon and the blood-stained jacket, established the accused's guilt beyond reasonable doubt. The accused's version was found to be improbable, riddled with contradictions, and irreconcilable with established facts. The court concluded that the accused and Kabelo acted in concert with a common purpose to commit robbery and murder. The circumstantial and direct evidence excluded any reasonable inference other than the accused's guilt. The attempted murder charge was reduced to assault with intent...

Citation
[2013] ZAGPJHC 52
Parties
Applicant: The State; Defendant: Faniswa Thandazani Cele
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
22 March 2013
Case Number
SS 220/12
Procedural Posture
Criminal Trial / Judgment After Full Trial
Outcome
The accused, Faniswa Thandazani Cele, is found guilty of robbery with aggravating circumstances, murder, and assault with intent to do grievous bodily harm.
Judges
T P Mudau
Legal Topics
Robbery With Aggravating Circumstances, Murder, Assault With Intent to Do Grievous Bodily Harm, Identification Parade, Accomplice Evidence, Dna Evidence
Criminal Law Robbery With Aggravating Circumstances Murder Assault With Intent to Do Grievous Bodily Harm Identification Parade Accomplice Evidence Dna Evidence

Case Brief

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Parties

The State

Applicant

Faniswa Thandazani Cele

Defendant

Procedural Posture

Criminal Trial / Judgment After Full Trial

Legal Issues

  1. 1 Whether the accused was one of the perpetrators of the robbery and murder on 17 March 2012.
  2. 2 Whether the State proved the accused's guilt beyond reasonable doubt.
  3. 3 Whether the evidence of the accomplice and complainant was reliable and corroborated.

Ratio Decidendi

The court found that the State's evidence, including the corroborated testimony of the accomplice Kabelo and the complainant Madramoothoo, as well as DNA evidence linking the accused to the murder weapon and the blood-stained jacket, established the accused's guilt beyond reasonable doubt. The accused's version was found to be improbable, riddled with contradictions, and irreconcilable with established facts. The court concluded that the accused and Kabelo acted in concert with a common purpose to commit robbery and murder. The circumstantial and direct evidence excluded any reasonable inference other than the accused's guilt. The attempted murder charge was reduced to assault with intent...

Court Disposition

The accused, Faniswa Thandazani Cele, is found guilty of robbery with aggravating circumstances, murder, and assault with intent to do grievous bodily harm.

Orders

  • The accused is convicted on Count 1: Robbery with aggravating circumstances.
  • The accused is convicted on Count 2: Murder.