S v Chonco (SS69/2012) [2017] ZAGPJHC 278 (26 September 2017)

S v Chonco (SS69/2012) [2017] ZAGPJHC 278 (26 September 2017)

The court found that, although the applicant's rights were not explained before the verbal statement was made to the police, the subsequent written statement was taken after the rights were read. The facts indicated that the police officer intended to arrest the applicant prior to the verbal statement, which contained an admission to murder. Given the uncertainty regarding the application of the principle in S v Makwaza and the disadvantage of not being the trial judge, the court preferred to err on the side of caution. The claim of lack of proper consultation was unmotivated and not substantiated. Nonetheless, due to the legal issue raised regarding the admissibility of the statement and...

Citation
[2017] ZAGPJHC 278
Parties
Respondent: The State; Applicant: Cliff Sakwabi Chonco
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
26 September 2017
Case Number
SS69/2012
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Conviction and Sentence
Outcome
Leave to appeal granted to the Supreme Court of Appeal in respect of both conviction and sentence.
Judges
Spilg
Legal Topics
Admissibility of Extra Curial Statements, Right to Legal Represention, Self Defence, Trial Prejudice
Criminal Law Admissibility of Extra Curial Statements Right to Legal Represention Self Defence Trial Prejudice

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

The State

Respondent

Cliff Sakwabi Chonco

Applicant

Procedural Posture

Leave to Appeal / Application for Leave to Appeal After Conviction and Sentence

Legal Issues

  1. 1 Whether the extra curial admission made by the applicant was admissible given the circumstances under which it was made.
  2. 2 Whether the applicant's rights were properly explained prior to making a verbal statement to the police.
  3. 3 Whether lack of proper consultation prior to the hearing resulted in trial prejudice.

Ratio Decidendi

The court found that, although the applicant's rights were not explained before the verbal statement was made to the police, the subsequent written statement was taken after the rights were read. The facts indicated that the police officer intended to arrest the applicant prior to the verbal statement, which contained an admission to murder. Given the uncertainty regarding the application of the principle in S v Makwaza and the disadvantage of not being the trial judge, the court preferred to err on the side of caution. The claim of lack of proper consultation was unmotivated and not substantiated. Nonetheless, due to the legal issue raised regarding the admissibility of the statement and...

Court Disposition

Leave to appeal granted to the Supreme Court of Appeal in respect of both conviction and sentence.

Orders

  • Condonation for the late filing of the application for leave to appeal is granted.
  • Leave to appeal is granted to the Supreme Court of Appeal in respect of both conviction and sentence.