S v Mashaba (CC 29/2021; M 18/2021) [2021] ZAMPMBHC 51 (2 November 2021)

S v Mashaba (CC 29/2021; M 18/2021) [2021] ZAMPMBHC 51 (2 November 2021)

The court found that the accused's version was not reasonably possibly true and was contradicted by objective evidence, including the absence of injuries and the trajectory of the gunshot. The accused's conduct before and after the shooting indicated a single-minded intention to use his firearm, and his claim of self-defence or involuntary action was rejected. The court held that the accused had the necessary intention to shoot and kill the deceased, and the State discharged its onus to prove guilt beyond reasonable doubt. The accused failed to provide a credible explanation of innocence, and his version was found to be false beyond reasonable doubt. The only reasonable inference from the...

Citation
[2021] ZAMPMBHC 51
Parties
Applicant: The State; Respondent: Christopher Velly Mashaba
Court
Mbombela High Court, Mpumalanga
Jurisdiction
South Africa
Judgment Date
2 November 2021
Case Number
CC 29/2021
Procedural Posture
Criminal Law Trial / Judgment on Merits
Outcome
The accused is found guilty of murder read with the provisions of Section 51(1) and Part 1 of Schedule 2 of the Criminal Law Amendment Act 105 of 1997.
Judges
C I Moosa
Legal Topics
Murder, Minimum Sentences Act, Private Defence, Intention, Circumstantial Evidence
Criminal Law Murder Minimum Sentences Act Private Defence Intention Circumstantial Evidence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 22 Party arguments 2
Sign in to unlock

Parties

The State

Applicant

Christopher Velly Mashaba

Respondent

Procedural Posture

Criminal Law Trial / Judgment on Merits

Legal Issues

  1. 1 Whether the accused had the necessary intention to shoot and kill the deceased.
  2. 2 Whether the accused acted in self-defence or involuntarily when firing the fatal shot.
  3. 3 Whether the accused's version is reasonably possibly true and should be accepted.

Ratio Decidendi

The court found that the accused's version was not reasonably possibly true and was contradicted by objective evidence, including the absence of injuries and the trajectory of the gunshot. The accused's conduct before and after the shooting indicated a single-minded intention to use his firearm, and his claim of self-defence or involuntary action was rejected. The court held that the accused had the necessary intention to shoot and kill the deceased, and the State discharged its onus to prove guilt beyond reasonable doubt. The accused failed to provide a credible explanation of innocence, and his version was found to be false beyond reasonable doubt. The only reasonable inference from the...

Court Disposition

The accused is found guilty of murder read with the provisions of Section 51(1) and Part 1 of Schedule 2 of the Criminal Law Amendment Act 105 of 1997.

Orders

  • The accused is convicted of murder as charged under Section 51(1) and Part 1 of Schedule 2 of the Criminal Law Amendment Act 105 of 1997.