S v George (SS127/2021) [2023] ZAGPJHC 231 (15 March 2023)

S v George (SS127/2021) [2023] ZAGPJHC 231 (15 March 2023)

The court found that the State proved the identity of the accused as the perpetrator of both murders and related firearm offences beyond reasonable doubt. The eyewitnesses, particularly D [....], C [....], and I [....] 1, provided credible and corroborated testimony identifying the accused as the shooter. The accused's alibi was rejected as false and not reasonably possibly true, given the contradictions in his own evidence and the lack of supporting witnesses. Forensic evidence established that the same firearm was used in both murders, further linking the accused to the crimes. The accused's conduct, including his statements and actions before and after the incidents, demonstrated...

Citation
[2023] ZAGPJHC 231
Parties
Applicant: The State; Respondent: Leroy George
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
15 March 2023
Case Number
SS127/2021
Procedural Posture
Criminal Trial / Judgment After Full Trial
Outcome
The accused is found guilty as charged on all counts.
Judges
G Ally
Legal Topics
Murder, Premeditation, Unlawful Possession of Firearm, Unlawful Possession of Ammunition, Alibi Defence, Identification Evidence
Criminal Law Murder Premeditation Unlawful Possession of Firearm Unlawful Possession of Ammunition Alibi Defence Identification Evidence

Case Brief

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Parties

The State

Applicant

Leroy George

Respondent

Procedural Posture

Criminal Trial / Judgment After Full Trial

Legal Issues

  1. 1 Whether the identity of the accused as the perpetrator of the murders and related firearm offences was proven beyond reasonable doubt.
  2. 2 Whether the accused's alibi defence creates a reasonable doubt as to his guilt.
  3. 3 Whether the killings were premeditated as alleged by the State.

Ratio Decidendi

The court found that the State proved the identity of the accused as the perpetrator of both murders and related firearm offences beyond reasonable doubt. The eyewitnesses, particularly D [....], C [....], and I [....] 1, provided credible and corroborated testimony identifying the accused as the shooter. The accused's alibi was rejected as false and not reasonably possibly true, given the contradictions in his own evidence and the lack of supporting witnesses. Forensic evidence established that the same firearm was used in both murders, further linking the accused to the crimes. The accused's conduct, including his statements and actions before and after the incidents, demonstrated...

Court Disposition

The accused is found guilty as charged on all counts.

Orders

  • The accused is convicted on Count 1: Murder.
  • The accused is convicted on Count 2: Unlawful possession of a firearm.