S v Myeni and Another (CC01/2020) [2021] ZAMPMHC 18 (28 June 2021)

S v Myeni and Another (CC01/2020) [2021] ZAMPMHC 18 (28 June 2021)

The court found that the accused's versions were improbable, false, and irreconcilable with the undisputed facts and cell phone records. The circumstantial evidence, including possession of the deceased's motor vehicle and cell phone shortly after the murder, travel patterns, and lack of credible innocent explanations, supported the inference that both accused acted together to rob and kill the deceased. The doctrine of recent possession applied, as both accused were found with stolen property and failed to provide reasonable explanations. The court was not satisfied that the State proved beyond a reasonable doubt that the accused possessed an unlicensed firearm or ammunition as defined...

Citation
[2021] ZAMPMHC 18
Parties
Applicant: The State; Defendant: Thembela Myeni; Defendant: Wonder Sibongakonkhe Mabika
Court
Middelburg High Court, Mpumalanga
Jurisdiction
South Africa
Judgment Date
28 June 2021
Case Number
CC01/2020
Procedural Posture
Criminal Trial / Verdict and Judgment
Outcome
Both accused found guilty of murder and robbery with aggravating circumstances (counts 1 and 2); both acquitted on possession of unlicensed firearm and ammunition (counts 3 and 4).
Judges
Ratshibvumo
Legal Topics
Murder, Robbery With Aggravating Circumstances, Doctrine of Recent Possession, Common Purpose, Possession of Unlicensed Firearm
Criminal Law Murder Robbery With Aggravating Circumstances Doctrine of Recent Possession Common Purpose Possession of Unlicensed Firearm

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Parties

The State

Applicant

Thembela Myeni

Defendant

Wonder Sibongakonkhe Mabika

Defendant

Procedural Posture

Criminal Trial / Verdict and Judgment

Legal Issues

  1. 1 Whether the accused are guilty of murder and robbery with aggravating circumstances under the doctrine of recent possession and common purpose.
  2. 2 Whether the accused are guilty of possession of an unlicensed firearm and ammunition as defined by the Firearms Control Act.
  3. 3 Whether the circumstantial evidence excludes all reasonable inferences except guilt.

Ratio Decidendi

The court found that the accused's versions were improbable, false, and irreconcilable with the undisputed facts and cell phone records. The circumstantial evidence, including possession of the deceased's motor vehicle and cell phone shortly after the murder, travel patterns, and lack of credible innocent explanations, supported the inference that both accused acted together to rob and kill the deceased. The doctrine of recent possession applied, as both accused were found with stolen property and failed to provide reasonable explanations. The court was not satisfied that the State proved beyond a reasonable doubt that the accused possessed an unlicensed firearm or ammunition as defined...

Court Disposition

Both accused found guilty of murder and robbery with aggravating circumstances (counts 1 and 2); both acquitted on possession of unlicensed firearm and ammunition (counts 3 and 4).

Orders

  • Both accused are convicted on counts 1 and 2: murder and robbery with aggravating circumstances.
  • Both accused are acquitted on counts 3 and 4: possession of unlicensed firearm and ammunition.