S v Mangoele and Another (SS155/01) [2002] ZAGPHC 44 (25 April 2002)

S v Mangoele and Another (SS155/01) [2002] ZAGPHC 44 (25 April 2002)

The court found the evidence of the State witnesses, particularly Vincent Makgwana and Patrick Pogiso Selogiloe, to be credible and convincing. Their identification of the accused was corroborated by other witnesses and physical evidence, including the post-mortem report and photographs. The accused's alibi defences were unsatisfactory, inconsistent, and not supported by reliable corroboration. The possibility that the accused could have travelled from their alleged locations to the scene was not excluded. The court held that the accused acted together with common purpose in the commission of murder, robbery with aggravating circumstances, and unlawful possession of firearms and...

Citation
[2002] ZAGPHC 44
Parties
Applicant: The State; Defendant: Daniel Phalafala Mangoele; Defendant: Alfred Shishi Medupe
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
25 April 2002
Case Number
SS155/01
Procedural Posture
Criminal Trial / Verdict
Outcome
Both accused found guilty on all four counts: murder, robbery with aggravating circumstances, unlawful possession of a firearm, and unlawful possession of ammunition.
Judges
Willis
Legal Topics
Murder, Robbery With Aggravating Circumstances, Unlawful Possession of Firearm, Unlawful Possession of Ammunition, Identification Parade, Common Purpose
Criminal Law Murder Robbery With Aggravating Circumstances Unlawful Possession of Firearm Unlawful Possession of Ammunition Identification Parade Common Purpose

Case Brief

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Parties

The State

Applicant

Daniel Phalafala Mangoele

Defendant

Alfred Shishi Medupe

Defendant

Procedural Posture

Criminal Trial / Verdict

Legal Issues

  1. 1 Whether the accused were correctly identified as the perpetrators of the murder and robbery.
  2. 2 Whether the alibi defences of the accused could reasonably possibly be true.
  3. 3 Whether the accused were guilty of unlawful possession of firearms and ammunition.

Ratio Decidendi

The court found the evidence of the State witnesses, particularly Vincent Makgwana and Patrick Pogiso Selogiloe, to be credible and convincing. Their identification of the accused was corroborated by other witnesses and physical evidence, including the post-mortem report and photographs. The accused's alibi defences were unsatisfactory, inconsistent, and not supported by reliable corroboration. The possibility that the accused could have travelled from their alleged locations to the scene was not excluded. The court held that the accused acted together with common purpose in the commission of murder, robbery with aggravating circumstances, and unlawful possession of firearms and...

Court Disposition

Both accused found guilty on all four counts: murder, robbery with aggravating circumstances, unlawful possession of a firearm, and unlawful possession of ammunition.

Orders

  • On count 1 (murder), both accused are found guilty as charged.
  • On count 2 (robbery with aggravating circumstances), both accused are found guilty as charged.