S v Davids (SS12/2019) [2022] ZAGPJHC 924 (17 November 2022)

S v Davids (SS12/2019) [2022] ZAGPJHC 924 (17 November 2022)

The court found that the alleged factual misdirections were either corrected by reference to the audio record or were immaterial to the outcome. The accused's alibi was rejected as not reasonably possibly true, and the evidence established that the accused acted in concert with another, firing shots that resulted in the death of the deceased and injury to others. The court applied the principle of dolus eventualis, finding that the accused must have foreseen the possibility of killing innocent bystanders when firing at the intended targets. There were no reasonable prospects that another court would overturn the conviction, and the application for leave to appeal was dismissed.

Citation
[2022] ZAGPJHC 924
Parties
Applicant: STATE; Respondent: Lloyd Jermaine Davids
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
17 November 2022
Case Number
SS12/2019
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Conviction
Outcome
Application for leave to appeal against conviction dismissed.
Judges
Strydom
Legal Topics
Leave to Appeal, Factual Misdirection, Alibi Evidence, Dolus Eventualis, Gang Related Offences
Criminal Law Leave to Appeal Factual Misdirection Alibi Evidence Dolus Eventualis Gang Related Offences

Case Brief

Summary, issues, holding and outcome

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Parties

STATE

Applicant

Lloyd Jermaine Davids

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether there was a misdirection on factual findings by the trial court.
  2. 2 Whether the accused's alibi should have been accepted as reasonably possibly true.
  3. 3 Whether the evidence established beyond reasonable doubt that accused 1 fired the fatal shot.

Ratio Decidendi

The court found that the alleged factual misdirections were either corrected by reference to the audio record or were immaterial to the outcome. The accused's alibi was rejected as not reasonably possibly true, and the evidence established that the accused acted in concert with another, firing shots that resulted in the death of the deceased and injury to others. The court applied the principle of dolus eventualis, finding that the accused must have foreseen the possibility of killing innocent bystanders when firing at the intended targets. There were no reasonable prospects that another court would overturn the conviction, and the application for leave to appeal was dismissed.

Court Disposition

Application for leave to appeal against conviction dismissed.

Orders

  • The application for leave to appeal by Mr Lloyd Jermaine Davids is dismissed.