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South Africa Case Law

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Criminal Law [2014] ZAECGHC 99

Bolo v S (CA&R352/13)

Bolo v S (CA&R352/13) [2014] ZAECGHC 99 (6 November 2014)

Court
Eastern Cape High Court, Grahamstown
Case number
CA&R352/13
Judges
C Plasket, R Brooks

The court held that the magistrate erred in finding joint possession of the firearm and ammunition based solely on the accused's knowledge and common purpose in the robbery. The authorities require evidence that the group intended to possess the firearm through the actual possessor and that the possessor intended to hold it on behalf of the group. In this case, there was no evidence establishing who had physical possession or that the possessor intended to possess on behalf of the group. Mere knowledge and acquiescence are insufficient to prove joint possession under the Arms and Ammunition A…

Source excerpt

  • Joint Possession
  • Arms And Ammunition Act
  • Common Purpose
  • Robbery With Aggravating Circumstances
  • Kidnapping
  • Acquittal On Appeal
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Criminal Law [2003] ZASCA 120

S v Shikwambane and Another (190/2003)

S v Shikwambane and Another (190/2003) [2003] ZASCA 120 (21 November 2003)

Court
Supreme Court of Appeal
Case number
190/2003
Judges
Mthiyane, Nugent, Conradie

The Supreme Court of Appeal held that the evidence did not establish joint possession of the hand grenade by the appellants. The reasoning in S v Mbuli was adopted, confirming that mere knowledge or acquiescence in the use of the hand grenade for a common purpose does not suffice to prove possession under section 32(1)(c) of the Arms and Ammunition Act. Since it was not established which accused was in possession of the hand grenade, the convictions and sentences of the appellants on this charge could not stand and were set aside.

Source excerpt

  • Possession Of Prohibited Weapon
  • Arms And Ammunition Act
  • Joint Possession
  • Acquittal On Appeal
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.