S v Leema (SS 98/2022) [2023] ZAGPJHC 1415 (5 December 2023)

S v Leema (SS 98/2022) [2023] ZAGPJHC 1415 (5 December 2023)

The court found the accused's version to be wholly improbable and rejected it as false beyond reasonable doubt. The evidence of the State witnesses was accepted as truthful, corroborated by documentary and physical evidence, including the SAP 13 register, firearms register, ballistics report, and the confession made to Col Mokhobi. The accused was positively identified by the witness, and the firearm found in his possession was linked to the murder scene. The hearsay evidence was admitted as the interests of justice demanded its reception, and it was corroborated by other evidence. The accused acted in common purpose with others, and the murders were planned and premeditated. The accused...

Citation
[2023] ZAGPJHC 1415
Parties
Applicant: The State; Defendant: Tiisetsang Silas Leema
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
5 December 2023
Case Number
SS 98/2022
Procedural Posture
Criminal Trial / Final Judgment
Outcome
The accused is found guilty as charged on counts 1 to 5, in addition to his earlier conviction on count 6.
Judges
Britz
Legal Topics
Murder, Robbery With Aggravating Circumstances, Possession of Prohibited Firearm, Unlawful Possession of Ammunition, Immigration Offence, Common Purpose
Criminal Law Murder Robbery With Aggravating Circumstances Possession of Prohibited Firearm Unlawful Possession of Ammunition Immigration Offence Common Purpose

Case Brief

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Parties

The State

Applicant

Tiisetsang Silas Leema

Defendant

Procedural Posture

Criminal Trial / Final Judgment

Legal Issues

  1. 1 Did the accused unlawfully and intentionally kill the two deceased persons as alleged in counts 1 and 2?
  2. 2 Did the accused unlawfully and intentionally rob the complainants as alleged in count 3?
  3. 3 Was the accused found in possession of a prohibited firearm and ammunition as alleged in counts 4 and 5?

Ratio Decidendi

The court found the accused's version to be wholly improbable and rejected it as false beyond reasonable doubt. The evidence of the State witnesses was accepted as truthful, corroborated by documentary and physical evidence, including the SAP 13 register, firearms register, ballistics report, and the confession made to Col Mokhobi. The accused was positively identified by the witness, and the firearm found in his possession was linked to the murder scene. The hearsay evidence was admitted as the interests of justice demanded its reception, and it was corroborated by other evidence. The accused acted in common purpose with others, and the murders were planned and premeditated. The accused...

Court Disposition

The accused is found guilty as charged on counts 1 to 5, in addition to his earlier conviction on count 6.

Orders

  • The accused is convicted of murder (counts 1 and 2), robbery with aggravating circumstances (count 3), possession of a prohibited firearm (count 4), unlawful possession of ammunition (count 5), and being in the Republic of South Africa illegally (count 6).
  • The matter is referred for sentencing in accordance with the applicable statutory provisions.