S v Nonzima and Another (554/2010) [2011] ZAFSHC 40 (3 March 2011)

S v Nonzima and Another (554/2010) [2011] ZAFSHC 40 (3 March 2011)

The court found that there was insufficient evidence to support a conviction for assault with intent to cause grievous bodily harm against accused number 1, as the complainant was only kicked once and sustained no injuries, and the record did not indicate the force or circumstances of the kick. The charge sheet did not properly allege aggravating circumstances, rendering the Minimum Sentences Act inapplicable. The doctrine of common purpose was correctly applied to the robbery charge, as accused number 1 associated himself with the acts of accused number 2 and furthered the commission of the robbery. The convictions for robbery against both accused were confirmed, but the conviction for...

Citation
[2011] ZAFSHC 40
Parties
Applicant: The State; Respondent: Geelbooi Nonzima; Respondent: Gilbert Motaung
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
3 March 2011
Case Number
554/2010
Procedural Posture
Criminal Review / Review of Convictions and Sentencing After Referral by Regional Magistrate
Outcome
Convictions for robbery against both accused confirmed; conviction for assault with intent to cause grievous bodily harm against accused number 1 set aside and substituted with common assault; matter remitted for sentencing.
Judges
L.J. Lekale, S. Ebrahim
Legal Topics
Robbery, Common Purpose, Minimum Sentences Act, Assault With Intent to Do Grievous Bodily Harm, Common Assault, Fair Trial Rights
Criminal Law Robbery Common Purpose Minimum Sentences Act Assault With Intent to Do Grievous Bodily Harm Common Assault Fair Trial Rights

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Parties

The State

Applicant

Geelbooi Nonzima

Respondent

Gilbert Motaung

Respondent

Procedural Posture

Criminal Review / Review of Convictions and Sentencing After Referral by Regional Magistrate

Legal Issues

  1. 1 Whether accused number 1 was correctly convicted of assault with intent to cause grievous bodily harm given the facts.
  2. 2 Whether the provisions of the Minimum Sentences Act apply in the absence of aggravating circumstances being alleged in the charge sheet.
  3. 3 Whether the doctrine of common purpose was correctly applied to the robbery charge.

Ratio Decidendi

The court found that there was insufficient evidence to support a conviction for assault with intent to cause grievous bodily harm against accused number 1, as the complainant was only kicked once and sustained no injuries, and the record did not indicate the force or circumstances of the kick. The charge sheet did not properly allege aggravating circumstances, rendering the Minimum Sentences Act inapplicable. The doctrine of common purpose was correctly applied to the robbery charge, as accused number 1 associated himself with the acts of accused number 2 and furthered the commission of the robbery. The convictions for robbery against both accused were confirmed, but the conviction for...

Court Disposition

Convictions for robbery against both accused confirmed; conviction for assault with intent to cause grievous bodily harm against accused number 1 set aside and substituted with common assault; matter remitted for sentencing.

Orders

  • The convictions of both accused number 1 and number 2 in respect of robbery are confirmed.
  • The conviction of accused number 1 for assault with intent to do grievous bodily harm is set aside and substituted with a conviction for common assault in terms of section 266(a) of the Criminal Procedure Act, No. 51 of 1977, as amended.