S v Shezi and Another (CC299/2007) [2007] ZAGPHC 338 (5 December 2007)

S v Shezi and Another (CC299/2007) [2007] ZAGPHC 338 (5 December 2007)

The court found that the evidence of the principal witness, Mr A, was satisfactory and credible in all material respects. Mr A had prior knowledge of accused 2 and identified both accused at the scene, during the identification parade, and in court. The identification parade was properly conducted and corroborated by police officers. The motor vehicle used in the commission of the offences was linked to accused 2. The alibi defences raised by both accused were found to be false and improbable, failing to rebut the state's prima facie case. The court concluded that the murder was premeditated and committed in common purpose. No substantial and compelling circumstances were found to justify...

Citation
[2007] ZAGPHC 338
Parties
Applicant: State; Defendant: Khulani Shezi; Defendant: Jeffry Lukhele
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
5 December 2007
Case Number
CC299/2007
Procedural Posture
Criminal Trial / Final Judgment and Sentencing
Outcome
Both accused found guilty as charged on all counts. Sentenced to life imprisonment for murder and twelve months imprisonment each for possession of unlicensed firearm and ammunition, with the latter sentences to run concurrently with the life sentence.
Judges
Makhafola
Legal Topics
Murder, Unlawful Possession of Firearm, Unlawful Possession of Ammunition, Identification Parade, Alibi Defence, Common Purpose
Criminal Law Murder Unlawful Possession of Firearm Unlawful Possession of Ammunition Identification Parade Alibi Defence Common Purpose

Case Brief

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Parties

State

Applicant

Khulani Shezi

Defendant

Jeffry Lukhele

Defendant

Procedural Posture

Criminal Trial / Final Judgment and Sentencing

Legal Issues

  1. 1 Whether the accused were correctly identified as the perpetrators of the murder and related offences.
  2. 2 Whether the state proved its case beyond a reasonable doubt against both accused.
  3. 3 Whether the alibi defences raised by the accused were credible and sufficient to rebut the state's case.

Ratio Decidendi

The court found that the evidence of the principal witness, Mr A, was satisfactory and credible in all material respects. Mr A had prior knowledge of accused 2 and identified both accused at the scene, during the identification parade, and in court. The identification parade was properly conducted and corroborated by police officers. The motor vehicle used in the commission of the offences was linked to accused 2. The alibi defences raised by both accused were found to be false and improbable, failing to rebut the state's prima facie case. The court concluded that the murder was premeditated and committed in common purpose. No substantial and compelling circumstances were found to justify...

Court Disposition

Both accused found guilty as charged on all counts. Sentenced to life imprisonment for murder and twelve months imprisonment each for possession of unlicensed firearm and ammunition, with the latter sentences to run concurrently with the life sentence.

Orders

  • Count 1: Both accused are sentenced to life imprisonment for murder.
  • Count 2: Both accused are sentenced to twelve months imprisonment for possession of unlicensed firearm.