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South Africa decisions
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Mothwa v S (CA19/2014) [2014] ZANWHC 32 (6 November 2014)
Appeal against a robbery-with-aggravating-circumstances conviction dismissed after the court found recent possession, false explanations, and circumstantial evidence pointed to guilt.
Mothwa v S (CA 19/2014) [2014] ZANWHC 49 (12 September 2014)
The High Court set aside a robbery conviction, finding recent possession of a stolen vehicle after three days was insufficient, but substituted a section 36 conviction.
Zwane and Another v S (426/13) [2013] ZASCA 165 (27 November 2013)
The Supreme Court of Appeal found that the evidence adduced by the State was insufficient to sustain the convictions for robbery with aggravating circumstances. The doctrine of recent possession was applicable given the short time lapse and the nature of the goods, but the items found were of little value and could easily have been disposed of by others. The false explanations provided by the appellants were relevant but not conclusive of guilt, as people may lie for various reasons. The corroborating evidence of Ms Mathlaba regarding the borrowing of the vehicle was not rejected by the trial…
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