S v Francis and Another (95/89) [1990] ZASCA 141; [1991] 2 All SA 9 (C) (26 November 1990)

S v Francis and Another (95/89) [1990] ZASCA 141; [1991] 2 All SA 9 (C) (26 November 1990)

The court held that the trial court had properly evaluated the evidence of the accomplice D, exercising the necessary caution and considering all criticisms raised. D's evidence was corroborated by admitted facts and the conduct of accused 5, and there were sufficient safeguards against false implication. The absence of gainsaying evidence from accused 5 strengthened the State's case, and the court was satisfied beyond reasonable doubt of his guilt. Regarding accused 10, the court found that his precise knowledge and pointing out of the weapons' cache near his residence, along with the discovery of his reference book, justified the inference that he possessed the weapons with terrorist...

Citation
[1990] ZASCA 141
Parties
Appellant: Jude Francis; Appellant: Bafo Bawana Nguqu; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
26 November 1990
Case Number
95/89
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
The appeal of accused 5 is dismissed. The appeal of accused 10 against conviction is dismissed, but his sentence is reduced to six years' imprisonment.
Judges
Smalberger, Steyn, Preiss
Legal Topics
Internal Security Act, Accomplice Evidence, Possession of Explosives, Terrorism, Onus of Proof, Appeal on Sentence
Criminal Law Internal Security Act Accomplice Evidence Possession of Explosives Terrorism Onus of Proof Appeal on Sentence

Case Brief

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Parties

Jude Francis

Appellant

Bafo Bawana Nguqu

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the trial court properly accepted the evidence of an accomplice implicating accused 5.
  2. 2 Whether the evidence justified the conviction of accused 10 for possession of weapons with terrorist intent.
  3. 3 Whether the sentence imposed on accused 10 should be reduced in light of the evidence.

Ratio Decidendi

The court held that the trial court had properly evaluated the evidence of the accomplice D, exercising the necessary caution and considering all criticisms raised. D's evidence was corroborated by admitted facts and the conduct of accused 5, and there were sufficient safeguards against false implication. The absence of gainsaying evidence from accused 5 strengthened the State's case, and the court was satisfied beyond reasonable doubt of his guilt. Regarding accused 10, the court found that his precise knowledge and pointing out of the weapons' cache near his residence, along with the discovery of his reference book, justified the inference that he possessed the weapons with terrorist...

Court Disposition

The appeal of accused 5 is dismissed. The appeal of accused 10 against conviction is dismissed, but his sentence is reduced to six years' imprisonment.

Orders

  • The appeal of the first appellant (accused 5) is dismissed.
  • The appeal of the second appellant (accused 10) against his conviction is dismissed, but his sentence is altered to one of six years' imprisonment.