High Court of South Africa KwaZulu-Natal, Pietermaritzburg - 2020

2 judgments

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2 judgments
Citation
Judgment date
December 2020
The accused were convicted of murder and robbery based on converging CCTV, phone, GPS and forensic evidence showing common purpose.
Criminal law – Murder and robbery with aggravating circumstances – common purpose liability; use of circumstantial evidence (CCTV, cellphone records, GPS/AVL) to establish identity and presence. Evidence – Authenticity and admissibility of CCTV and downloaded mobile-device video; trial within a trial upheld. Evidence – Admissibility and weight of inadvertent private conversation recorded on accused’s phone; not an unequivocal confession; usable for corroboration. Procedure – s 174 discharge application: refusal where cumulative circumstantial and corroborative evidence establishes a prima facie case.
2 December 2020
July 2020
Reported
The applicant's appeal dismissed: multiple‑rape life sentence may apply without co‑perpetrator's conviction; sentences upheld.
Criminal law – Sentencing – Minimum sentences – Interpretation of Part I of Schedule 2 re multiple rape (item (a)(i)) – Whether mandatory life requires conviction of co‑perpetrator – Statutory interpretation through prism of Constitution (s39(2)) – Equality and dignity considerations.
8 July 2020