Selepe v S (A897/2011) [2012] ZAGPPHC 89 (4 June 2012)

Selepe v S (A897/2011) [2012] ZAGPPHC 89 (4 June 2012)

The evidence presented by the State failed to prove the charge of attempted robbery, as the complainant testified that no property was taken and no demands for money were made. The facts established only common assault. Regarding the escape charge, the evidence showed only an attempt to escape, not a completed escape from lawful custody. The magistrate misdirected himself in evaluating the evidence, warranting intervention by the appeal court. The convictions and sentences imposed by the trial court were set aside, and the appellant was convicted of common assault and attempted escape, with both counts taken together for sentencing and the appellant cautioned and discharged.

Citation
[2012] ZAGPPHC 89
Parties
Appellant: Thomas Lucas Selepe; Respondent: The State
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
4 June 2012
Case Number
A897/2011
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal upheld. Convictions and sentences set aside. Appellant convicted of common assault and attempted escape. Both counts taken together for sentencing; appellant cautioned and discharged.
Judges
KE Matojane, MW Msimeki
Legal Topics
Attempted Robbery, Common Assault, Escaping From Lawful Custody, Competent Verdict, Misdirection of Magistrate
Criminal Law Attempted Robbery Common Assault Escaping From Lawful Custody Competent Verdict Misdirection of Magistrate

Case Brief

Summary, issues, holding and outcome

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Parties

Thomas Lucas Selepe

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the evidence proved the charge of attempted robbery beyond reasonable doubt.
  2. 2 Whether the appellant escaped from lawful custody as charged.
  3. 3 Whether the magistrate misdirected himself in evaluating the evidence.

Ratio Decidendi

The evidence presented by the State failed to prove the charge of attempted robbery, as the complainant testified that no property was taken and no demands for money were made. The facts established only common assault. Regarding the escape charge, the evidence showed only an attempt to escape, not a completed escape from lawful custody. The magistrate misdirected himself in evaluating the evidence, warranting intervention by the appeal court. The convictions and sentences imposed by the trial court were set aside, and the appellant was convicted of common assault and attempted escape, with both counts taken together for sentencing and the appellant cautioned and discharged.

Court Disposition

Appeal upheld. Convictions and sentences set aside. Appellant convicted of common assault and attempted escape. Both counts taken together for sentencing; appellant cautioned and discharged.

Orders

  • The appeal against both conviction and sentence is upheld.
  • The conviction and sentence imposed by the court a quo are set aside.