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Bilankulu and Another v S (188/2020) [2020] ZASCA 114 (29 September 2020)

Bilankulu and Another v S (188/2020) [2020] ZASCA 114 (29 September 2020)
Citation
Bilankulu and Another v S (188/2020) [2020] ZASCA 114 (29 September 2020)
Media Neutral Citation
[2020] ZASCA 114
Court
Supreme Court of Appeal of South Africa
Case number
188/2020
Judges
Eksteen AJA, Petse DP, Makgoka JA, Nicholls JA, Mabindla-Boqwana AJA
Judgment date
29 September 2020
Language
English
Type
Judgment
Flynote

Criminal Law and Procedure – murder – deceased shot by unidentified person in shootout with the authorities – accused had dolus indeterminatus to commit murder – unlawful hunting of rhinoceros in state reserve – s 31(3) of Limpopo Environmental Management Act 17 of 2003. 2 s 252A of Criminal Procedure Act 51 of 1977 – entrapment not going further than providing opportunity to commit the offence – evidence of trap automatically admissible – s 35 of Constitution – evidence of cell phone records not disclosed before trial admitted in evidence – belated disclosure not causing trial prejudice. Sentence – imposition of non-parole period – appellants not afforded an opportunity to address the trial court on the issue – not providing reasons for imposing non-parole period – misdirection – cumulative effect of sentence not considered – constitutes misdirection.

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Cited documents 13

Act
7
Constitution of the Republic of South Africa, 1996
Citizenship and Immigration · Education · Environment, Climate and Wildlife · Health and Food Safety · Human Rights · International Law · Labour and Employment · Public administration
Criminal Procedure Act, 1977
Dispute Resolution and Mediation · Peace and Security
Superior Courts Act, 2013
Dispute Resolution and Mediation
Constitution of the Republic of South Africa, 1993
Road Accident Fund Act, 1996
Finance and Money · Infrastructure and Transportation
Firearms Control Act, 2000
Peace and Security
Insurance Amendment Act, 2003
Judgment
6

Documents citing this one 2

Judgment
2
August v S (962/2022) [2023] ZASCA 170 (4 December 2023)

Application for condonation of the late filing of notice of appeal – requirements for condonation restated – appellant not satisfying requirements – application refused and appeal struck from the roll

Criminal Procedure – Entrapment –import of s 252A of the Criminal Procedure Act 51 of 1977 (‘CPA’) considered.
Evidence – Exclusionary rule in terms of s 252A of CPA and s 35(5) of the Constitution considered – no basis on the facts of the current case to exclude evidence obtained by entrapment by undercover agent

Application by appellant, in appeal against refusal of High Court to grant petition for leave to appeal in terms of s 309C of CPA against conviction in the magistrates’ court, to adduce further evidence for the purpose of the contemplated appeal to the High Court on the merits –appellant purporting to rely on s 19 of Superior Courts Act 10 of 2013 – s 19 not applicable in respect of appeals regulated by the CPA and any other criminal procedural law – application in any event not satisfying the established test for the introduction of further evidence on appeal

 
S v Mhlongo and Others (Trial Within a Trial : Reasons) (41/66/2019) [2022] ZAKZNRD 3 (24 January 2022)

252A Ruling - Trap - Concept beyond an opportunity to commit an offence