S v Neoth and Another (SS52/2020) [2022] ZAGPJHC 749 (19 September 2022)

S v Neoth and Another (SS52/2020) [2022] ZAGPJHC 749 (19 September 2022)

The court found that accused 2 was the last person seen with the deceased, had exclusive access to the locked room, and circumstantial evidence including cell phone data, witness testimony, and forensic findings established his guilt beyond a reasonable doubt. His version was rejected as inherently improbable and fabricated. The court found accused 1 guilty as an accessory after the fact to murder, not for the alternative count, based on her conduct in residing with accused 2, failing to report his whereabouts, and facilitating his evasion of justice. The court held that mere failure to report does not constitute an offence, but when coupled with other conduct, it amounts to accessory...

Citation
[2022] ZAGPJHC 749
Parties
Applicant: The State; Respondent: Susana Catharina Hester Magdalena Noeth; Respondent: Bernard Abraham Noeth
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
19 September 2022
Case Number
SS52/2020
Procedural Posture
Criminal Trial / Judgment After Trial
Outcome
Accused 2 found guilty of two counts of murder with dolus directus; accused 1 found guilty as accessory after the fact to murder and not guilty on the alternative count.
Judges
Africa
Legal Topics
Murder, Accessory After the Fact, Circumstantial Evidence, Defeating or Obstructing the Course of Justice, Criminal Procedure Act, Criminal Law Amendment Act
Criminal Law Murder Accessory After the Fact Circumstantial Evidence Defeating or Obstructing the Course of Justice Criminal Procedure Act Criminal Law Amendment Act

Case Brief

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Parties

The State

Applicant

Susana Catharina Hester Magdalena Noeth

Respondent

Bernard Abraham Noeth

Respondent

Procedural Posture

Criminal Trial / Judgment After Trial

Legal Issues

  1. 1 Whether accused 2 is guilty of murder beyond a reasonable doubt under section 51(1) of the Criminal Law Amendment Act.
  2. 2 Whether accused 1, by her actions or omissions, was an accessory after the fact to murder or defeated or obstructed the course of justice.

Ratio Decidendi

The court found that accused 2 was the last person seen with the deceased, had exclusive access to the locked room, and circumstantial evidence including cell phone data, witness testimony, and forensic findings established his guilt beyond a reasonable doubt. His version was rejected as inherently improbable and fabricated. The court found accused 1 guilty as an accessory after the fact to murder, not for the alternative count, based on her conduct in residing with accused 2, failing to report his whereabouts, and facilitating his evasion of justice. The court held that mere failure to report does not constitute an offence, but when coupled with other conduct, it amounts to accessory...

Court Disposition

Accused 2 found guilty of two counts of murder with dolus directus; accused 1 found guilty as accessory after the fact to murder and not guilty on the alternative count.

Orders

  • Accused 2 is convicted of murder on both counts under section 51(2) read with part II of Schedule 2 of Act 105 of 1997, as amended.
  • Accused 1 is convicted as an accessory after the fact to murder and acquitted on the alternative count of defeating or obstructing the course of justice.