S v Manene and Others (CA&R63/2008) [2008] ZAECHC 148 (15 August 2008)

S v Manene and Others (CA&R63/2008) [2008] ZAECHC 148 (15 August 2008)

The court found that the facts established that the appellants, as members of the group of robbers, acted in concert to deprive the victims of their property, including firearms and ammunition. The only reasonable inference was that the group intended to exercise possession of the firearms and ammunition through whichever member was the actual detentor, and that the detentors held them on behalf of the group. Thus, the requirements for joint possession were met and the convictions for unlawful possession were upheld. Regarding the sentence for escaping from custody, the court held that the three-year sentences were shockingly inappropriate given the circumstances, including the absence of...

Citation
[2008] ZAECHC 148
Parties
Appellant: Lumkile Manene; Respondent: State
Court
High Courts - Eastern Cape
Jurisdiction
South Africa
Judgment Date
15 August 2008
Case Number
CA&R63/2008
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeals against convictions for unlawful possession of firearms and ammunition dismissed; sentences for escaping from custody reduced.
Judges
C Plasket, N Dambuza
Legal Topics
Joint Possession, Robbery With Aggravating Circumstances, Unlawful Possession of Firearms, Unlawful Possession of Ammunition, Escaping From Custody, Sentencing Principles
Criminal Law Joint Possession Robbery With Aggravating Circumstances Unlawful Possession of Firearms Unlawful Possession of Ammunition Escaping From Custody Sentencing Principles

Case Brief

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Parties

Lumkile Manene

Appellant

State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the State proved joint possession of firearms and ammunition by the appellants in the Strydom and Baldie robberies.
  2. 2 Whether the sentence of three years imprisonment for escaping from custody was appropriate and warranted interference on appeal.

Ratio Decidendi

The court found that the facts established that the appellants, as members of the group of robbers, acted in concert to deprive the victims of their property, including firearms and ammunition. The only reasonable inference was that the group intended to exercise possession of the firearms and ammunition through whichever member was the actual detentor, and that the detentors held them on behalf of the group. Thus, the requirements for joint possession were met and the convictions for unlawful possession were upheld. Regarding the sentence for escaping from custody, the court held that the three-year sentences were shockingly inappropriate given the circumstances, including the absence of...

Court Disposition

Appeals against convictions for unlawful possession of firearms and ammunition dismissed; sentences for escaping from custody reduced.

Orders

  • The appeals of the first and second appellants against their convictions for unlawful possession of firearms and ammunition are dismissed.
  • The sentences of three years imprisonment for escaping from custody imposed on all appellants are set aside and replaced with sentences of one year imprisonment, backdated to the date of sentencing in the trial court.