S v Rampersad (CC64/2016) [2018] ZAGPPHC 961 (14 September 2018)

S v Rampersad (CC64/2016) [2018] ZAGPPHC 961 (14 September 2018)

The Court found that the State proved its case beyond a reasonable doubt. The accused's confession and pointing out were admitted as evidence, as the Court was satisfied they were made freely and voluntarily, and that the accused's constitutional rights were not violated. The accused's version was rejected as false and not reasonably possibly true. The evidence, including cell phone records, forensic findings, and the accused's own admissions, established his presence at the scene and involvement in the murder, robbery, and unlawful possession of the firearm and ammunition. The Court also found that Ms Naidoo supplied the firearm to the accused, corroborating the confession. The defence's...

Citation
[2018] ZAGPPHC 961
Parties
Applicant: The State; Respondent: Rishen Rampersad
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
14 September 2018
Case Number
CC64/2016
Procedural Posture
Criminal Trial / Final Judgment
Outcome
The accused is convicted as charged on all four counts: murder, robbery with aggravating circumstances, unlawful possession of a firearm, and unlawful possession of ammunition.
Judges
Bam
Legal Topics
Murder, Robbery With Aggravating Circumstances, Unlawful Possession of Firearm, Unlawful Possession of Ammunition, Admissibility of Confession, Constitutional Right to Legal Representation
Criminal Law Murder Robbery With Aggravating Circumstances Unlawful Possession of Firearm Unlawful Possession of Ammunition Admissibility of Confession Constitutional Right to Legal Representation

Case Brief

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Parties

The State

Applicant

Rishen Rampersad

Respondent

Procedural Posture

Criminal Trial / Final Judgment

Legal Issues

  1. 1 Whether the accused committed murder, robbery with aggravating circumstances, unlawful possession of a firearm, and unlawful possession of ammunition.
  2. 2 Whether the confession and pointing out by the accused were admissible as evidence.
  3. 3 Whether the accused's constitutional right to legal representation was violated.

Ratio Decidendi

The Court found that the State proved its case beyond a reasonable doubt. The accused's confession and pointing out were admitted as evidence, as the Court was satisfied they were made freely and voluntarily, and that the accused's constitutional rights were not violated. The accused's version was rejected as false and not reasonably possibly true. The evidence, including cell phone records, forensic findings, and the accused's own admissions, established his presence at the scene and involvement in the murder, robbery, and unlawful possession of the firearm and ammunition. The Court also found that Ms Naidoo supplied the firearm to the accused, corroborating the confession. The defence's...

Court Disposition

The accused is convicted as charged on all four counts: murder, robbery with aggravating circumstances, unlawful possession of a firearm, and unlawful possession of ammunition.

Orders

  • The accused is found guilty on count 1: murder.
  • The accused is found guilty on count 2: robbery with aggravating circumstances.