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Regional Court of South Africa, KwaZulu Natal Regional Division - 2021 July

4 judgments
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4 judgments
Citation
Judgment date
July 2021
S v Mngadi and Others (SH 188/2019) [2021] ZAKZNRD 36 (28 July 2021)
Accused acquitted due to reasonable doubt despite credible single eyewitness; joint-enterprise not proven beyond reasonable doubt.
Criminal law – standard of proof – presumption of innocence – burden remains on the State to prove guilt beyond reasonable doubt. Evidence – witness credibility – factors for assessing truthfulness, objectivity and accuracy; cautionary approach to single-witness testimony. Criminal liability – common purpose/joint enterprise in group attacks. Criminal procedure – trial management – control of repetitious or irrelevant cross-examination balanced against accused’s right to make full answer and defence.
 28 July 2021
S v Govindsamy (SH 29/2020) [2021] ZAKZNRD 38 (23 July 2021) (Sentence)
Motor vehicle theft offender receives suspended sentence with community service and restitution conditions, encouraging societal deterrence.
Criminal law - sentencing - theft and possession of stolen vehicle - suspended sentence with community service and restitution.
 23 July 2021
S v Hlatshwayo (SH 167/2019) [2021] ZAKZNRD 35 (22 July 2021)
The applicant failed to prove the respondent’s guilt where eyewitness identification was unreliable.
Criminal law — murder; identification evidence — single eyewitness with prior acquaintance; ADVOKATE factors — duration, distance, visibility, opportunity, knowledge, special features, time lapse, errors; reliability vs credibility; investigative shortcomings (no forensic testing); accused’s silence and burden of proof.
 22 July 2021
S v Govindsamy and Another (SH 28/ 2020) [2021] ZAKZNRD 37 (20 July 2021)
Accused found guilty of receiving stolen property; State failed to establish direct theft beyond reasonable doubt.
Criminal Law – Doctrine of recent possession – Knowledge and intent in receiving stolen property – Willful blindness as culpability – Insufficient circumstantial evidence for theft conviction – Burden on accused.
 20 July 2021