S v Wentzel and Another (CC 23/2021) [2024] ZAECQBHC 16 (7 March 2024)

S v Wentzel and Another (CC 23/2021) [2024] ZAECQBHC 16 (7 March 2024)

The court found the State's identification evidence from Guest, Daniels, and Manyati to be credible and reliable. The accused's alibi defences were rejected as false and fabricated, with contradictions and late disclosure undermining their plausibility. The court held that the accused acted in concert and satisfied the requirements for common purpose liability. The State proved beyond reasonable doubt that both accused committed murder, attempted murder, and unlawful possession of firearms and ammunition. However, the State failed to prove the contraventions of POCA sections 9(1)(a) and 9(2)(a), as there was no evidence of intent to promote or contribute to a pattern of criminal gang...

Citation
[2024] ZAECQBHC 16
Parties
Applicant: The State; Respondent: Darryn Wentzel; Respondent: Riaan Baartman
Court
Eastern Cape High Court, Gqeberha
Jurisdiction
South Africa
Judgment Date
7 March 2024
Case Number
CC 23/2021
Procedural Posture
Criminal Trial / Final Judgment
Outcome
Both accused found guilty of murder, attempted murder, unlawful possession of firearm, and unlawful possession of ammunition. Both acquitted on POCA counts and certain other counts.
Judges
Gqamana
Legal Topics
Identification Evidence, Alibi Defence, Common Purpose, Gang Related Offences, Unlawful Possession of Firearm, Attempted Murder
Criminal Law Identification Evidence Alibi Defence Common Purpose Gang Related Offences Unlawful Possession of Firearm Attempted Murder

Case Brief

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Parties

The State

Applicant

Darryn Wentzel

Respondent

Riaan Baartman

Respondent

Procedural Posture

Criminal Trial / Final Judgment

Legal Issues

  1. 1 Whether the accused were correctly identified as perpetrators of the murder and attempted murder incidents.
  2. 2 Whether the accused's alibi defences are reasonably possibly true.
  3. 3 Whether the accused can be held liable on the basis of common purpose.

Ratio Decidendi

The court found the State's identification evidence from Guest, Daniels, and Manyati to be credible and reliable. The accused's alibi defences were rejected as false and fabricated, with contradictions and late disclosure undermining their plausibility. The court held that the accused acted in concert and satisfied the requirements for common purpose liability. The State proved beyond reasonable doubt that both accused committed murder, attempted murder, and unlawful possession of firearms and ammunition. However, the State failed to prove the contraventions of POCA sections 9(1)(a) and 9(2)(a), as there was no evidence of intent to promote or contribute to a pattern of criminal gang...

Court Disposition

Both accused found guilty of murder, attempted murder, unlawful possession of firearm, and unlawful possession of ammunition. Both acquitted on POCA counts and certain other counts.

Orders

  • Both accused are convicted on counts 3 (murder), 5 (unlawful possession of firearm), 6 (unlawful possession of ammunition), and counts 7-10 (attempted murder).
  • Both accused are acquitted and discharged on counts 1, 2, 4, 11, and 12.