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South Africa Case Law

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Criminal Law [2020] ZALMPPHC 70

S v Mogale and Others (CC76/2018; 10/2/11/1-L41/18)

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…

Source excerpt

  • Conspiracy To Commit Robbery
  • Common Purpose
  • Possession Of Stolen Property
  • Reckless Driving
  • Admissibility Of Confession
  • Joint Possession Of Firearms
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Criminal Law [2017] ZASCA 74

Ramoba v S (1301/2016)

Ramoba v S (1301/2016) [2017] ZASCA 74; 2017 (2) SACR 353 (SCA) (1 June 2017)

Court
Supreme Court of Appeal
Case number
1301/2016
Judges
Shongwe, Mbha, Van Der Merwe, Molemela, Coppin

The Supreme Court of Appeal found that there was no evidence to support the appellant’s conviction for joint possession of the Norinco pistol (count 11), as there was no proof that he was aware of its presence or intended to possess it. However, direct and undisputed evidence established that the appellant was in possession of one of the automatic rifles (counts 12 and 13) during the robbery and hijacking, and the only reasonable inference was that the group exercised joint possession of the firearms. The court held that the cumulative sentence of 52 years’ imprisonment was shockingly inappro…

Source excerpt

  • Joint Possession Of Firearms
  • Minimum Sentencing
  • Robbery With Aggravating Circumstances
  • Attempted Murder
  • Appeal Against Conviction
  • Cumulative Sentencing
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Criminal Law [2006] ZAGPHC 143

S v Zondo (A1533/2002)

S v Zondo (A1533/2002) [2006] ZAGPHC 143 (27 January 2006)

Court
High Courts - Gauteng
Case number
A1533/2002
Judges
B.R. Southwood, E.M. Patel

The court found that the appellant was correctly convicted of robbery with aggravating circumstances and attempted murder under the doctrine of common purpose, as he planned and directed the robbery with a group armed with firearms, and it was foreseeable that firearms would be used during the getaway. However, there was no evidence that the appellant was present or associated himself with the robbery and attempted robbery of the motor vehicles, nor was there sufficient evidence to establish joint possession of firearms and ammunition. The convictions for these counts were set aside. The appe…

Source excerpt

  • Robbery With Aggravating Circumstances
  • Attempted Murder
  • Joint Possession Of Firearms
  • Common Purpose
  • Accomplice Evidence
  • Arms And Ammunition Act
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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.