S v Kgengwe (666/96) [1998] ZASCA 95 (3 November 1998)

S v Kgengwe (666/96) [1998] ZASCA 95 (3 November 1998)

The court found that, despite some deficiencies in the identification process, the evidence of Snyman and Mokise was reliable and corroborated by circumstantial evidence, including the appellant's possession of the murder weapon and stolen property shortly after the crime. The appellant's explanation for his presence at the scene was rejected as improbable and not credible. The trial court's approach to the identification evidence was correct, and its findings could not be faulted. Regarding sentence, the court held that the sentences imposed were severe but not disproportionate, given the callous nature of the offences. The only error was the failure to order the sentence on Count 2 to...

Citation
[1998] ZASCA 95
Parties
Appellant: Lesego Kgengwe; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
3 November 1998
Case Number
666/96
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal against convictions and sentences dismissed, except that the sentence on Count 2 is ordered to run concurrently with the sentence of life imprisonment on Count 1.
Judges
Hoexter, Plewman, Melunsky
Legal Topics
Identification Evidence, Sentencing Principles, Robbery With Aggravating Circumstances, Murder, Attempted Murder
Criminal Law Identification Evidence Sentencing Principles Robbery With Aggravating Circumstances Murder Attempted Murder

Case Brief

Summary, issues, holding and outcome

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Parties

Lesego Kgengwe

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the identification evidence was sufficient to support the conviction of the appellant.
  2. 2 Whether the sentences imposed were appropriate given the circumstances of the case.
  3. 3 Whether the trial court erred in not ordering all sentences to run concurrently.

Ratio Decidendi

The court found that, despite some deficiencies in the identification process, the evidence of Snyman and Mokise was reliable and corroborated by circumstantial evidence, including the appellant's possession of the murder weapon and stolen property shortly after the crime. The appellant's explanation for his presence at the scene was rejected as improbable and not credible. The trial court's approach to the identification evidence was correct, and its findings could not be faulted. Regarding sentence, the court held that the sentences imposed were severe but not disproportionate, given the callous nature of the offences. The only error was the failure to order the sentence on Count 2 to...

Court Disposition

Appeal against convictions and sentences dismissed, except that the sentence on Count 2 is ordered to run concurrently with the sentence of life imprisonment on Count 1.

Orders

  • The sentence on Count 2 will run concurrently with the sentence of life imprisonment imposed on Count 1.
  • Save for this, the appeal is dismissed.