Mtshweni v S (A611/15)
Mtshweni v S (A611/15) [2017] ZAGPPHC 1211 (19 October 2017)
The appeal court found that the trial court correctly evaluated the evidence, was alive to the applicable legal principles regarding contradictions, and made sound credibility findings. The alleged contradictions in the State's case were not material and did not affect the reliability of the witnesses. The appellant failed to demonstrate any misdirection on fact or law by the magistrate. Regarding sentence, the court held that the trial court exercised its discretion properly, considered mitigating circumstances, and imposed a sentence below the statutory minimum for possession of an unlicens…
Source excerpt
- Attempted Murder
- Malicious Damage To Property
- Possession Of Unlicensed Firearm
- Housebreaking With Intent To Assault
- Assault With Intent To Do Grievous Bodily Harm
- Pointing Of A Firearm