S v Likgopo (SS32/2022) [2022] ZAGPJHC 1029 (23 November 2022)

S v Likgopo (SS32/2022) [2022] ZAGPJHC 1029 (23 November 2022)

The court found that the accused was guilty of murder in count 1 (not premeditated) and count 2 (planned/premeditated), based on admissions, witness testimony, and corroborating evidence. The accused was convicted of robbery with aggravating circumstances in count 3, but acquitted of attempted murder in count 6 due to duplication of convictions. The accused was acquitted of robbery in count 4 due to lack of evidence and convicted of theft in count 5, as the cell phone was not taken with force. The court found the accused guilty of attempted murder in count 7, and unlawful possession of a firearm and ammunition in counts 8 and 9, relying on witness descriptions and circumstantial evidence...

Citation
[2022] ZAGPJHC 1029
Parties
Applicant: The State; Respondent: Palo Mahea Likgopo
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
23 November 2022
Case Number
SS32/2022
Procedural Posture
Criminal Trial / Final Judgment
Outcome
The accused is convicted of murder (counts 1 and 2), robbery with aggravating circumstances (count 3), theft (count 5), attempted murder (count 7), unlawful possession of a firearm (count 8), unlawful possession of ammunition (count 9), and assault with intent to cause grievous bodily harm (count 10). The accused is...
Judges
Oosthuizen-Senekal
Legal Topics
Murder, Robbery With Aggravating Circumstances, Attempted Murder, Unlawful Possession of Firearm, Unlawful Possession of Ammunition, Theft, Assault With Intent to Cause Grievous Bodily Harm
Criminal Law Murder Robbery With Aggravating Circumstances Attempted Murder Unlawful Possession of Firearm Unlawful Possession of Ammunition Theft Assault With Intent to Cause Grievous Bodily Harm

Case Brief

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Parties

The State

Applicant

Palo Mahea Likgopo

Respondent

Procedural Posture

Criminal Trial / Final Judgment

Legal Issues

  1. 1 Whether the accused committed murder in counts 1 and 2, and whether count 2 was planned or premeditated.
  2. 2 Whether the accused committed robbery with aggravating circumstances and theft of cell phones.
  3. 3 Whether the accused attempted to murder Mr Du Plooy and Mr Amanda.

Ratio Decidendi

The court found that the accused was guilty of murder in count 1 (not premeditated) and count 2 (planned/premeditated), based on admissions, witness testimony, and corroborating evidence. The accused was convicted of robbery with aggravating circumstances in count 3, but acquitted of attempted murder in count 6 due to duplication of convictions. The accused was acquitted of robbery in count 4 due to lack of evidence and convicted of theft in count 5, as the cell phone was not taken with force. The court found the accused guilty of attempted murder in count 7, and unlawful possession of a firearm and ammunition in counts 8 and 9, relying on witness descriptions and circumstantial evidence...

Court Disposition

The accused is convicted of murder (counts 1 and 2), robbery with aggravating circumstances (count 3), theft (count 5), attempted murder (count 7), unlawful possession of a firearm (count 8), unlawful possession of ammunition (count 9), and assault with intent to cause grievous bodily harm (count 10). The accused is...

Orders

  • The accused is found guilty on counts 1, 2, 3, 5, 7, 8, 9, and 10.
  • The accused is acquitted on counts 4 and 6.