Vos en Anders v S (A 107/2005) [2011] ZAWCHC 154 (18 February 2011)

Vos en Anders v S (A 107/2005) [2011] ZAWCHC 154 (18 February 2011)

The court found that, although the trial court's credibility findings regarding the accomplice Isaacs were justified, there remained a reasonable prospect that another court might find the corroborative evidence insufficient to prove guilt beyond reasonable doubt. The false testimony of Deppe and Douman concerning their possession and intended sale of the stolen bakkie, while suspicious, did not necessarily establish their direct involvement in the original theft. The court concluded that the corroboration relied upon by the trial court may not be adequate, and therefore, leave to appeal should be granted to Deppe and Douman on the conviction for housebreaking and theft.

Citation
[2011] ZAWCHC 154
Parties
Appellant: Burlyn Roux Vos; Applicant: Mark Jack Deppe; Applicant: Henry John Douman; Respondent: The State
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
18 February 2011
Case Number
A 107/2005
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Conviction
Outcome
Leave to appeal against conviction for housebreaking and theft is granted to Deppe and Douman.
Judges
WR Smit, R Moosa
Legal Topics
Housebreaking and Theft, Credibility of Accomplice Evidence, Leave to Appeal, Standard of Proof, Corroboration of Evidence
Criminal Law Housebreaking and Theft Credibility of Accomplice Evidence Leave to Appeal Standard of Proof Corroboration of Evidence

Case Brief

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Parties

Burlyn Roux Vos

Appellant

Mark Jack Deppe

Applicant

Henry John Douman

Applicant

The State

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether the evidence provided by the accomplice Isaacs was sufficiently corroborated to justify the conviction of Deppe and Douman for housebreaking and theft.
  2. 2 Whether the false testimony of Deppe and Douman regarding their possession and intended use of the stolen vehicle was adequate corroboration of their involvement in the theft.
  3. 3 Whether there is a reasonable prospect that another court may reach a different conclusion regarding the sufficiency of corroboration and proof beyond reasonable doubt.

Ratio Decidendi

The court found that, although the trial court's credibility findings regarding the accomplice Isaacs were justified, there remained a reasonable prospect that another court might find the corroborative evidence insufficient to prove guilt beyond reasonable doubt. The false testimony of Deppe and Douman concerning their possession and intended sale of the stolen bakkie, while suspicious, did not necessarily establish their direct involvement in the original theft. The court concluded that the corroboration relied upon by the trial court may not be adequate, and therefore, leave to appeal should be granted to Deppe and Douman on the conviction for housebreaking and theft.

Court Disposition

Leave to appeal against conviction for housebreaking and theft is granted to Deppe and Douman.

Orders

  • Leave to appeal is granted to Deppe and Douman against their conviction on count 5 to the Supreme Court of Appeal.