Jwili v Minister of Police and Another (19020/17) [2024] ZAGPJHC 75 (29 January 2024)
Court
South Gauteng High Court, Johannesburg
Case number
19020/17
Judge
Kekana
The High Court dismissed claims for malicious prosecution, negligent prosecution, and further detention, finding no proven malice or liability after arrest.
Ruyinga v S (A13/2021) [2023] ZAMPMHC 12 (26 April 2023)
Court
Middelburg High Court, Mpumalanga
Case number
A13/2021
Judges
MBG Langa, Mtimunye
The High Court dismissed an appeal against a conviction for conspiracy to commit robbery with aggravating circumstances, finding the accomplice evidence and cellphone records sufficient.
S v Mogale and Others (CC76/2018; 10/2/11/1-L41/18) [2020] ZALMPPHC 70 (5 August 2020)
Court
Limpopo High Court, Polokwane
Case number
CC76/2018; 10/2/11/1-L41/18
Judge
T P Mudau
The court found that all accused were parties to a conspiracy to commit robbery with aggravating circumstances, based on their coordinated actions, possession of firearms, and use of a stolen vehicle. The evidence established that the accused acted in concert, and the firearms were brought to facilitate violence in furtherance of the criminal enterprise. The confession by accused 3 was ruled admissible and reliable, corroborated by objective facts and the conduct of the accused. The doctrine of common purpose applied to the murder and attempted murder charges, as the accused foresaw and accep…
S v Mchunu and Others (146/16) [2017] ZAGPPHC 1313 (28 June 2017)
Court
North Gauteng High Court, Pretoria
Case number
146/16
Judge
BAM
The court convicted eight accused of conspiracy to commit robbery and murder, and convicted several on firearm and ammunition charges, but acquitted all on one firearm-possession count.
Gcam-Gcam v S (1034/2013) [2015] ZASCA 42; 2015 (2) SACR 501 (SCA) (25 March 2015)
Court
Supreme Court of Appeal
Case number
1034/2013
Judges
Cachalia, Shongwe, Gorven
The Supreme Court of Appeal held that the appellant could not be convicted of robbery and murder on the basis of common purpose, as he was not present during the commission of the offences and did not actively associate with the group in robbing the second pay-point or in the subsequent events leading to the deaths. The evidence did not establish that the appellant was aware of or participated in the decision to rob the second pay-point, nor that he foresaw the possibility of the subsequent murders. The court found that the confession was improperly admitted, as the appellant's version of coe…
Mroloto and Others v S (CA&R 146/2014) [2015] ZAECGHC 1 (8 January 2015)
Court
Eastern Cape High Court, Grahamstown
Case number
CA&R 146/2014
Judges
E Revelas, M Lowe
Appeal in a robbery-conspiracy case partly allowed: the third appellant’s conviction was set aside, while the others’ convictions stood and the concurrency order was corrected.
Cele and Others v S (AR 237/2001) [2012] ZAKZPHC 7 (1 January 2012)
Court
Kwazulu-Natal High Court, Pietermaritzburg
Case number
AR 237/2001
Judges
Koen, Mokgohloa, Ploos van Amstel
The court found that the evidence did not establish joint possession of the firearm and ammunition by the second appellant, as required by law. Mere knowledge or acquiescence in the use of the firearm was insufficient for a conviction under the Arms and Ammunition Act. The convictions on counts 3 and 4 against the second appellant were set aside. Regarding sentence, the court held that the prescribed minimum sentence of life imprisonment for murder committed in the course of a robbery with aggravating circumstances did not apply, as the evidence did not establish such aggravating circumstance…