Xelesile v S (K/S/ 39/2018) [2021] ZANCHC 24 (4 June 2021)

Xelesile v S (K/S/ 39/2018) [2021] ZANCHC 24 (4 June 2021)

The court found that the applicant's grounds for leave to appeal were without merit. The identity of the accused was never in dispute, as all parties were well known to each other and present together during the incident. The evidence was properly evaluated, and contradictions in the state witnesses' testimony were not material. The doctrine of common purpose was correctly applied, with the applicant acting in concert with his co-accused in assaulting the deceased and complainant. The form of intent was properly determined as dolus eventualis, as the applicant and his co-accused foresaw the possibility of death resulting from their actions and reconciled themselves with that possibility....

Citation
[2021] ZANCHC 24
Parties
Applicant: Freddy Xelesile; Respondent: The State
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
4 June 2021
Case Number
K/S/ 39/2018
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to the Full Bench
Outcome
Application for leave to appeal dismissed.
Judges
Mamosebo
Legal Topics
Murder Dolus Eventualis, Common Purpose, Leave to Appeal, Evaluation of Evidence, Identity of Accused
Criminal Law Murder Dolus Eventualis Common Purpose Leave to Appeal Evaluation of Evidence Identity of Accused

Case Brief

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Parties

Freddy Xelesile

Applicant

The State

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal to the Full Bench

Legal Issues

  1. 1 Whether the court erred in evaluating the evidence regarding the identity of the perpetrators.
  2. 2 Whether the applicant was correctly found to have acted in concert with his co-accused in assaulting and killing the deceased.
  3. 3 Whether the applicant possessed the requisite intent, in the form of dolus eventualis, to be convicted of murder.

Ratio Decidendi

The court found that the applicant's grounds for leave to appeal were without merit. The identity of the accused was never in dispute, as all parties were well known to each other and present together during the incident. The evidence was properly evaluated, and contradictions in the state witnesses' testimony were not material. The doctrine of common purpose was correctly applied, with the applicant acting in concert with his co-accused in assaulting the deceased and complainant. The form of intent was properly determined as dolus eventualis, as the applicant and his co-accused foresaw the possibility of death resulting from their actions and reconciled themselves with that possibility....

Court Disposition

Application for leave to appeal dismissed.

Orders

  • The application for leave to appeal is dismissed.