S v Mbatha (SS118/19)
S v Mbatha (SS118/19) [2020] ZAGPJHC 343 (20 August 2020)
The court found that the accused's fingerprint on the broken window was fresh and consistent with the timing of the offence on 16 May 2019. The accused's explanation for the presence of his fingerprint was opportunistic and tailored to fit the evidence as it emerged. The accused's version was not reasonably possibly true and failed to create doubt. The court accepted the similar fact evidence, noting the accused previously broke into the same house through the same window and stole the same item, demonstrating a pattern of conduct. The totality of the circumstantial evidence, including the fi…
Source excerpt
- Housebreaking With Intent To Rob
- Robbery With Aggravating Circumstances
- Murder
- Firearms Control Act Offences
- Minimum Sentencing Act
- Similar Fact Evidence