Mabuso v S (A005/2021) [2023] ZAGPJHC 140 (13 February 2023)

begin wrapper begin container begin header begin slogan-floater end slogan-floater - About SAFLII About SAFLII - Databases Databases - Search Search - Terms of Use Terms of Use - RSS Feeds RSS Feeds end header begin main begin center # South Africa: South Gauteng High Court, Johannesburg South Africa: South Gauteng High Court, Johannesburg You are here: SAFLII >> Databases >> South Africa: South Gauteng High Court, Johannesburg >> 2023 >> [2023] ZAGPJHC 140 | Noteup | LawCite sino index ## Mabuso v S (A005/2021) [2023] ZAGPJHC 140 (13 February 2023) Mabuso v S (A005/2021) [2023] ZAGPJHC 140 (13 February 2023) Download original files PDF format RTF format make_database: source=/home/saflii//raw/ZAGPJHC/Data/2023_140.html sino date 13 February 2023 REPUBLIC OF SOUTH AFRICA IN THE HIGH COURT OF SOUTH AFRICA GAUTENG LOCAL DIVISION, JOHANNESBURG Appeal case number: A005/2021 (1)    REPORTABLE: YES / NO (2)    OF INTEREST TO OTHER JUDGES: YES /NO (3)    REVISED. DATE 13 February 2023 In the matter between: NKOSI MABUSO Appellant And THE STATE Respondent Mabesele J et Mdalana-Mayisela J JUDGMENT MABESELE, J : [1]    This is an appeal against conviction on a charge of attempted murder for which the appellant was sentenced to a period of 10 (ten) years imprisonment. The court a quo ordered that 5 years of the 10 years imprisonment sentence should be served concurrently with any other sentence that the appellant is serving. [2]    The evidence is that the appellant and two others were driving in a vehicle that was chased by the police. After they were arrested and brought to court on a charge of attempted murder for shooting at the police, the appellant’s co-accused namely; Themba Motau, appealed his conviction. His appeal was upheld by this court on 28 November 2022; firstly, due to failure by the state to prove beyond reasonable doubt that the shots that were fired from the said vehicle were directed at the police. Secondly, failure by the state to prove beyond reasonable doubt who, amongst the occupants of the vehicle fired shots, since the state did not allege that they acted in furtherance of a common purpose. [3]    Therefore, it is logical that the appeal of the appellant against his conviction be upheld. [4]    In the result, the following order is made: 4.1       The appeal against conviction is upheld. 4.2       The conviction and sentence are set aside. M.M MABESELE (Judge of the High Court Gauteng Local Division) I concur M.M.P MDALANA-MAYISELA (Judge of the High Court Gauteng Local Division) Date of hearing:            13 February 2023 Date of Judgement:      13 February 2023 Appearances On behalf of Appellant:                 Adv Smith Instructed by:                                Legal Aid Board South Africa On behalf of the Respondent:       Adv Masina Instructed by:                                Director of Public Prosecutions sino noindex make_database footer start