S v Scott (CC76/2006) [2007] ZAECHC 132 (27 June 2007)

S v Scott (CC76/2006) [2007] ZAECHC 132 (27 June 2007)

The court found that the State proved beyond reasonable doubt that both accused, acting together and with others, committed a series of violent crimes on the nights in question. Eyewitnesses identified both accused at identification parades and in court, and their accounts were corroborated by ballistics and forensic evidence. The first accused's pointing out was ruled admissible and implicated both himself and the second accused. The doctrine of common purpose was applied, as the accused acted together with shared intent, foreseeing the possibility of death and serious injury to their victims. The court rejected the accused's alibi defences and found their evidence unsatisfactory and...

Citation
[2007] ZAECHC 132
Parties
Applicant: The State; Defendant: Amos Mzwandile Scott; Defendant: Bongani Nyathela
Court
High Courts - Eastern Cape
Jurisdiction
South Africa
Judgment Date
27 June 2007
Case Number
CC76/2006
Procedural Posture
Criminal Trial / Judgment
Outcome
Both accused found guilty as charged on all counts relevant to each.
Judges
A E B Dhlodhlo
Legal Topics
Attempted Murder, Robbery With Aggravating Circumstances, Murder, Unlawful Possession of Firearm, Unlawful Possession of Ammunition, Common Purpose
Criminal Law Attempted Murder Robbery With Aggravating Circumstances Murder Unlawful Possession of Firearm Unlawful Possession of Ammunition Common Purpose

Case Brief

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Parties

The State

Applicant

Amos Mzwandile Scott

Defendant

Bongani Nyathela

Defendant

Procedural Posture

Criminal Trial / Judgment

Legal Issues

  1. 1 Whether the accused were responsible for the attempted murders of Siyabonga Tshona and Lelethu Senti.
  2. 2 Whether the accused committed robbery with aggravating circumstances against multiple victims.
  3. 3 Whether the accused unlawfully possessed firearms and ammunition.

Ratio Decidendi

The court found that the State proved beyond reasonable doubt that both accused, acting together and with others, committed a series of violent crimes on the nights in question. Eyewitnesses identified both accused at identification parades and in court, and their accounts were corroborated by ballistics and forensic evidence. The first accused's pointing out was ruled admissible and implicated both himself and the second accused. The doctrine of common purpose was applied, as the accused acted together with shared intent, foreseeing the possibility of death and serious injury to their victims. The court rejected the accused's alibi defences and found their evidence unsatisfactory and...

Court Disposition

Both accused found guilty as charged on all counts relevant to each.

Orders

  • Both accused are convicted on counts one (attempted murder), two (attempted murder), three (robbery with aggravating circumstances), four (murder), five (robbery with aggravating circumstances), six (robbery with aggravating circumstances), and seven (robbery with aggravating circumstances).
  • Accused No. 1, Amos Mzwandile Scott, is convicted on counts eight (unlawful possession of a firearm) and nine (unlawful possession of ammunition).