S v Hendricks en Andere (264/90) [1992] ZASCA 14 (6 March 1992)

S v Hendricks en Andere (264/90) [1992] ZASCA 14 (6 March 1992)

The Supreme Court of Appeal found that the trial court erred in admitting the confession of the third appellant. The State failed to discharge the onus of proving that the confession was made voluntarily, especially in light of the third appellant's credible evidence of assault and the unexplained refusal by the prosecution to disclose the district surgeon's report. The conduct of the prosecutor in withholding the report and failing to cross-examine the third appellant on its contents indicated that the report may have supported the appellant's version of assault. Furthermore, the identification evidence against the third appellant was unreliable, as no identification parade was held and...

Citation
[1992] ZASCA 14
Parties
Appellant: Yusuf Hendricks; Appellant: Sam Jacobs; Appellant: Ivan George; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
6 March 1992
Case Number
264/90
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence in the Regional Court, Following Unsuccessful Appeal to the Witwatersrand Local Division.
Outcome
The appeal of the third appellant succeeds; his conviction and sentence are set aside. The appeals of the first and second appellants are dismissed.
Judges
J J F Hefer, Nestadt, Milne
Legal Topics
Admissibility of Confessions, Onus of Proof, Identification Evidence, Assault by Police, Criminal Procedure Act Section 217
Criminal Law Admissibility of Confessions Onus of Proof Identification Evidence Assault by Police Criminal Procedure Act Section 217

Case Brief

Summary, issues, holding and outcome

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Parties

Yusuf Hendricks

Appellant

Sam Jacobs

Appellant

Ivan George

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence in the Regional Court, Following Unsuccessful Appeal to the Witwatersrand Local Division.

Legal Issues

  1. 1 Whether the confession by the third appellant was admissible as evidence.
  2. 2 Whether the State proved beyond reasonable doubt that the third appellant was a member of the robbery gang.
  3. 3 Whether the failure to call the district surgeon and to disclose his report affected the fairness of the trial.

Ratio Decidendi

The Supreme Court of Appeal found that the trial court erred in admitting the confession of the third appellant. The State failed to discharge the onus of proving that the confession was made voluntarily, especially in light of the third appellant's credible evidence of assault and the unexplained refusal by the prosecution to disclose the district surgeon's report. The conduct of the prosecutor in withholding the report and failing to cross-examine the third appellant on its contents indicated that the report may have supported the appellant's version of assault. Furthermore, the identification evidence against the third appellant was unreliable, as no identification parade was held and...

Court Disposition

The appeal of the third appellant succeeds; his conviction and sentence are set aside. The appeals of the first and second appellants are dismissed.

Orders

  • The appeal of Ivan George (third appellant) is upheld.
  • The convictions and sentences of Ivan George are set aside.