S v Khaile (SS071/2015) [2015] ZAGPJHC 296 (9 December 2015)

S v Khaile (SS071/2015) [2015] ZAGPJHC 296 (9 December 2015)

The court found the State witnesses credible and corroborated in all material respects. The accused's version was rejected as improbable and false, particularly his claim that the shots were fired accidentally during a scuffle. The evidence established that the accused intended to deprive the victims of their cell phones, returned armed, and fired two shots at the deceased with direct intent to kill. The accused also attempted to shoot Bafana Mbatha, but the firearm failed to discharge. The accused was found guilty of murder, attempted murder, and unlawful possession of a firearm and ammunition. The State failed to prove all elements of attempted robbery, and the accused was acquitted on...

Citation
[2015] ZAGPJHC 296
Parties
Applicant: The State; Defendant: Johannes Molefe Khaile
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
9 December 2015
Case Number
SS071/2015
Procedural Posture
Criminal Trial / Judgment
Outcome
The accused is found guilty on counts 1 (murder), 2 (attempted murder), 4 (unlawful possession of a firearm), and 5 (unlawful possession of ammunition), and not guilty on count 3 (attempted robbery).
Judges
FHD Van Oosten
Legal Topics
Murder, Attempted Murder, Unlawful Possession of Firearm, Unlawful Possession of Ammunition
Criminal Law Murder Attempted Murder Unlawful Possession of Firearm Unlawful Possession of Ammunition

Case Brief

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Parties

The State

Applicant

Johannes Molefe Khaile

Defendant

Procedural Posture

Criminal Trial / Judgment

Legal Issues

  1. 1 Whether the accused intentionally killed the deceased.
  2. 2 Whether the accused attempted to murder Bafana Mbatha.
  3. 3 Whether the accused unlawfully possessed a firearm and ammunition.

Ratio Decidendi

The court found the State witnesses credible and corroborated in all material respects. The accused's version was rejected as improbable and false, particularly his claim that the shots were fired accidentally during a scuffle. The evidence established that the accused intended to deprive the victims of their cell phones, returned armed, and fired two shots at the deceased with direct intent to kill. The accused also attempted to shoot Bafana Mbatha, but the firearm failed to discharge. The accused was found guilty of murder, attempted murder, and unlawful possession of a firearm and ammunition. The State failed to prove all elements of attempted robbery, and the accused was acquitted on...

Court Disposition

The accused is found guilty on counts 1 (murder), 2 (attempted murder), 4 (unlawful possession of a firearm), and 5 (unlawful possession of ammunition), and not guilty on count 3 (attempted robbery).

Orders

  • The accused is convicted on counts 1, 2, 4, and 5 as charged.
  • The accused is acquitted on count 3.