S v Changisa (K/S 15/2011) [2011] ZANCHC 16 (20 September 2011)

S v Changisa (K/S 15/2011) [2011] ZANCHC 16 (20 September 2011)

The court found that the accused's claim of self-defence was unsupported by any evidence. The accused detached herself from the group and stabbed the deceased, who was unarmed and posed no threat. The evidence of state witnesses was uncontroverted and established that the deceased did not provoke or threaten the accused. The accused's silence after the close of the State's case left the prima facie case unrebutted. The court held that the killing was unlawful and intentional, and the State had proved its case beyond reasonable doubt. The accused was found guilty of murder with direct intent.

Citation
[2011] ZANCHC 16
Parties
Applicant: State; Defendant: Johanna Changisa
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
20 September 2011
Case Number
K/S 15/2011
Procedural Posture
Criminal Trial / Conviction and Sentencing
Outcome
The accused, Johanna Changisa, is found guilty of murder with direct intent and sentenced to 14 years imprisonment.
Judges
Phatshoane
Legal Topics
Murder, Self Defence, Onus of Proof, Minimum Sentencing, Private Defence
Criminal Law Murder Self Defence Onus of Proof Minimum Sentencing Private Defence

Case Brief

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Parties

State

Applicant

Johanna Changisa

Defendant

Procedural Posture

Criminal Trial / Conviction and Sentencing

Legal Issues

  1. 1 Whether the accused unlawfully and intentionally killed the deceased.
  2. 2 Whether the accused acted in self-defence, thereby justifying the killing.
  3. 3 Whether the State discharged its onus to prove guilt beyond reasonable doubt.

Ratio Decidendi

The court found that the accused's claim of self-defence was unsupported by any evidence. The accused detached herself from the group and stabbed the deceased, who was unarmed and posed no threat. The evidence of state witnesses was uncontroverted and established that the deceased did not provoke or threaten the accused. The accused's silence after the close of the State's case left the prima facie case unrebutted. The court held that the killing was unlawful and intentional, and the State had proved its case beyond reasonable doubt. The accused was found guilty of murder with direct intent.

Court Disposition

The accused, Johanna Changisa, is found guilty of murder with direct intent and sentenced to 14 years imprisonment.

Orders

  • The accused is found guilty on the count of murder with direct intent.
  • The accused is sentenced to 14 years imprisonment.