S v Makhosonke (SS53/2023) [2023] ZAGPJHC 1495 (29 November 2023)

S v Makhosonke (SS53/2023) [2023] ZAGPJHC 1495 (29 November 2023)

The court found that the accused, after assaulting Ms N[...], left the premises and returned armed, having had time to contemplate his actions. Upon re-entry, he drew his firearm and fired multiple shots in a crowded pub, resulting in the death of Mr Mthi and injuries to Prince. The evidence established that the accused acted with intent, both direct and dolus eventualis, as a trained police officer would foresee the risk of death or injury from firing a gun in such circumstances. The defence of private or putative private defence was rejected, as there was no imminent threat and the response was grossly disproportionate. The court found the accused guilty of murder (premeditated),...

Citation
[2023] ZAGPJHC 1495
Parties
Applicant: The State; Respondent: Nocanda, Brain Makhosonke
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
29 November 2023
Case Number
SS53/2023
Procedural Posture
Criminal Trial / Conviction and Judgment
Outcome
The accused is found guilty of murder (premeditated), attempted murder, and assault with intent to do grievous bodily harm. He is acquitted on the charge of discharging a firearm in public due to duplication of convictions.
Judges
Du Plessis
Legal Topics
Murder, Attempted Murder, Assault With Intent to Do Grievous Bodily Harm, Private Defence, Dolus Eventualis, Premeditation
Criminal Law Murder Attempted Murder Assault With Intent to Do Grievous Bodily Harm Private Defence Dolus Eventualis Premeditation

Case Brief

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Parties

The State

Applicant

Nocanda, Brain Makhosonke

Respondent

Procedural Posture

Criminal Trial / Conviction and Judgment

Legal Issues

  1. 1 Whether the accused unlawfully and intentionally caused the death of Mr Mthi (murder).
  2. 2 Whether the accused attempted to unlawfully and intentionally kill Mr Chima Goodnews (attempted murder).
  3. 3 Whether the accused assaulted Ms T[...] N[...] with intent to do grievous bodily harm.

Ratio Decidendi

The court found that the accused, after assaulting Ms N[...], left the premises and returned armed, having had time to contemplate his actions. Upon re-entry, he drew his firearm and fired multiple shots in a crowded pub, resulting in the death of Mr Mthi and injuries to Prince. The evidence established that the accused acted with intent, both direct and dolus eventualis, as a trained police officer would foresee the risk of death or injury from firing a gun in such circumstances. The defence of private or putative private defence was rejected, as there was no imminent threat and the response was grossly disproportionate. The court found the accused guilty of murder (premeditated),...

Court Disposition

The accused is found guilty of murder (premeditated), attempted murder, and assault with intent to do grievous bodily harm. He is acquitted on the charge of discharging a firearm in public due to duplication of convictions.

Orders

  • The accused is found guilty of count 1, murder, count 2, attempted murder, and count 3, assault with intent to do grievous bodily harm.
  • The accused is acquitted on count 4, discharging a firearm in public, as it would amount to a duplication of convictions.