Molao v S (A44/2024)
Molao v S (A44/2024) [2025] ZAGPPHC 647 (9 June 2025)
The appeal succeeded because the conviction for attempted murder was not sustainable on the facts and law. The weapon used by the appellant was a blank pistol, which is excluded from the definition of 'firearm' under the Firearms Control Act. The charge sheet and evidence did not support a finding that the appellant attempted to kill Sergeant Mashala by 'pointing a firearm and pulling the trigger,' as the appellant was acquitted on the charges of possession and pointing of a firearm. The essential elements of attempted murder, particularly intention, were not proved beyond reasonable doubt. T…
Source excerpt
- Attempted Murder
- Firearms Control Act
- Blank Pistol Exclusion
- Intention
- Conviction And Sentence
- Appeal Upheld