S v Fundamo [2023] ZAGPPHC 398; CC29/18 (26 May 2023)

S v Fundamo [2023] ZAGPPHC 398; CC29/18 (26 May 2023)

The court found that the applicant's mere presence and nodding during Accused 1's confession to Ms D'Ameida did not constitute a confession by the applicant, as there is no legal authority supporting the admissibility of such conduct as a confession against another accused. Section 219 of the Criminal Procedure Act explicitly prohibits the use of a confession made by one person against another. Furthermore, the evidence regarding the robbery charge was insufficient, as there was no direct evidence that the applicant robbed the deceased of the laptop. The trial court properly considered the applicant's personal circumstances and found no compelling and substantial circumstances to deviate...

Citation
[2023] ZAGPPHC 398
Parties
Applicant: Costa Fundamo; Respondent: The State
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
26 May 2023
Case Number
CC29/18
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Conviction and Sentence
Outcome
Leave to appeal against conviction for murder and robbery with aggravating circumstances is granted; leave to appeal against sentence is refused.
Judges
Mlotshwa
Legal Topics
Confession Evidence, Minimum Sentences, Admissibility of Evidence, Robbery With Aggravating Circumstances, Murder, Late Filing Condonation
Criminal Law Confession Evidence Minimum Sentences Admissibility of Evidence Robbery With Aggravating Circumstances Murder Late Filing Condonation

Case Brief

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Parties

Costa Fundamo

Applicant

The State

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant's conduct constituted a confession admissible against him.
  2. 2 Whether there was sufficient evidence to convict the applicant of robbery with aggravating circumstances.
  3. 3 Whether the trial court properly considered the applicant's personal circumstances in sentencing.

Ratio Decidendi

The court found that the applicant's mere presence and nodding during Accused 1's confession to Ms D'Ameida did not constitute a confession by the applicant, as there is no legal authority supporting the admissibility of such conduct as a confession against another accused. Section 219 of the Criminal Procedure Act explicitly prohibits the use of a confession made by one person against another. Furthermore, the evidence regarding the robbery charge was insufficient, as there was no direct evidence that the applicant robbed the deceased of the laptop. The trial court properly considered the applicant's personal circumstances and found no compelling and substantial circumstances to deviate...

Court Disposition

Leave to appeal against conviction for murder and robbery with aggravating circumstances is granted; leave to appeal against sentence is refused.

Orders

  • The application for leave to appeal in respect of the conviction for murder and robbery with aggravating circumstances is granted.
  • The application for leave to appeal against the sentences on the counts of murder and robbery with aggravating circumstances is refused.