S v Eyssen (746/2007) [2008] ZASCA 97; [2009] 1 All SA 32 (SCA); 2009 (1) SACR 406 (SCA) (17 September 2008)

S v Eyssen (746/2007) [2008] ZASCA 97; [2009] 1 All SA 32 (SCA); 2009 (1) SACR 406 (SCA) (17 September 2008)

The Supreme Court of Appeal held that the State failed to prove that the Fancy Boys gang constituted an 'enterprise' as defined in the Prevention of Organised Crime Act, or that the offences for which the appellant was convicted formed part of the affairs of such an enterprise. The evidence established only a loose association of individuals, not a structured or ongoing enterprise. The appellant was acquitted on all but three common law charges, and it was not shown that those offences were part of the gang's affairs. The evidence of the accomplice Donough was unreliable and insufficiently corroborated, particularly regarding the appellant's alleged management of the gang's operations....

Citation
[2008] ZASCA 97
Parties
Appellant: Shamiel Eyssen; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
17 September 2008
Case Number
746/2007
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence in the High Court
Outcome
Appeal upheld; convictions and sentences on racketeering counts set aside; sentences on counts 4, 29, and 46 to run concurrently with count 5; effective imprisonment 15 years.
Judges
Streicher, Mthiyane, Cloete, Heher, Kgomo
Legal Topics
Prevention of Organised Crime Act, Racketeering, Criminal Gang Activity, Housebreaking and Robbery, Accomplice Evidence, Sentencing Concurrency
Criminal Law Prevention of Organised Crime Act Racketeering Criminal Gang Activity Housebreaking and Robbery Accomplice Evidence Sentencing Concurrency

Case Brief

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Parties

Shamiel Eyssen

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence in the High Court

Legal Issues

  1. 1 Whether the appellant's conduct constituted racketeering activities under sections 2(1)(e) and (f) of the Prevention of Organised Crime Act.
  2. 2 Whether the Fancy Boys gang constituted an 'enterprise' as defined in the Act.
  3. 3 Whether the appellant's convictions for common law crimes were part of the affairs of the gang.

Ratio Decidendi

The Supreme Court of Appeal held that the State failed to prove that the Fancy Boys gang constituted an 'enterprise' as defined in the Prevention of Organised Crime Act, or that the offences for which the appellant was convicted formed part of the affairs of such an enterprise. The evidence established only a loose association of individuals, not a structured or ongoing enterprise. The appellant was acquitted on all but three common law charges, and it was not shown that those offences were part of the gang's affairs. The evidence of the accomplice Donough was unreliable and insufficiently corroborated, particularly regarding the appellant's alleged management of the gang's operations....

Court Disposition

Appeal upheld; convictions and sentences on racketeering counts set aside; sentences on counts 4, 29, and 46 to run concurrently with count 5; effective imprisonment 15 years.

Orders

  • The convictions on counts 1 and 2 and the sentences imposed on those counts are set aside.
  • The sentences on counts 4, 29, and 46 are ordered to run concurrently with the sentence imposed on count 5.