S v Shikwambane and Another (190/2003)
S v Shikwambane and Another (190/2003) [2003] ZASCA 120 (21 November 2003)
The Supreme Court of Appeal held that the evidence did not establish joint possession of the hand grenade by the appellants. The reasoning in S v Mbuli was adopted, confirming that mere knowledge or acquiescence in the use of the hand grenade for a common purpose does not suffice to prove possession under section 32(1)(c) of the Arms and Ammunition Act. Since it was not established which accused was in possession of the hand grenade, the convictions and sentences of the appellants on this charge could not stand and were set aside.
Source excerpt
- Possession Of Prohibited Weapon
- Arms And Ammunition Act
- Joint Possession
- Acquittal On Appeal