Witwatersrand Local Division - 1982

3 judgments
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3 judgments
Citation
Judgment date
November 1982
Confessions were found admissible, and the accused convicted for conspiracy and murder following the arranged killing of the deceased.

Criminal law – murder – confession – admissibility – voluntariness of confession – conspiracy to commit murder – requirements of section 18(2)(a) of Act 17 of 1956 – common purpose – extenuating circumstances in sentencing.

22 November 1982
The court convicted the accused of murder with extenuating circumstances, citing provocation during an emotionally charged altercation.

Criminal law – Murder – Credibility of eyewitness – Intention – Accused’s version rejected – Extenuating circumstances – Provocation and emotional disturbance considered in sentencing.

10 November 1982
July 1982
Whether the accused had the requisite intent for murder or attempted murder when firing at an unmarked pursuing car.
Criminal law — identity and corroboration — use of objective facts (same stolen vehicle) to corroborate identification; Robbery — attempted robbery with aggravating circumstances where accused wielded a knife; Murder and attempted murder — requirement of knowledge of pursuer’s identity and dolus eventualis; Complicity — individual assessment of acts and state of mind required for accomplice liability; Unlawful possession of firearm — presumption of possession rebutted where actual possession proved to be that of one accused.
14 July 1982