|
''S v Dlamini''〔2012 (2) SACR 1 (SCA).〕〔Case No. 362/11.〕〔() ZASCA 26.〕 is an important recent case in South African law. An appeal from the KwaZulu-Natal High Court, Pietermaritzburg (where Ntshangase J and Gorven AJ presided), it was heard in the Supreme Court of Appeal (SCA), by Farlam JA, Van Heerden JA, Cachalia JA, Snyders JA and Majiedt JA, on February 17, 2012, with judgment handed down on March 27, 2012. Counsel for the appellant was KJ Kemp SC; AA Watt appeared for the state. The appellant's attorneys were Hulley & Associates Inc, Durban. The central question was of duplication of convictions. The accused had been charged with and convicted on three counts of robbery. He was one of three perpetrators, one of whom was armed and had threatened a group of three women. The robbers had taken the women's property and departed. A majority of the SCA found that there had been a separate intent by the robbers to rob each woman. There had, therefore, been no duplication of convictions. == Facts == At 19h00 one evening, three women were meeting at the residence of one of them in order to travel to church together. Two of the women were already in the Volvo that was to be used to this end when the third woman arrived by car. As she began walking towards the Volvo in the driveway, three men in overalls moved towards the Volvo and pointed a gun at the last-arriving woman. They demanded that the women hand over their possessions, and also the keys to both cars. The women handed over everything. The men got into the two cars and drove off. The appellant was found in possession of the firearm and ammunition three days later, but there was nothing to link that firearm to the robbery. The appellant was convicted in a regional court of three counts of robbery, possession of an unlicensed firearm and ammunition, and theft of a car. The three counts of robbery and the firearm offences were committed in 2002, the theft of the car in 1999. He was sentenced to serve a total of 45 years' imprisonment. On appeal to the high court, the conviction for the theft of the car in 1999 was set aside and the sentence reduced to 43 years' imprisonment. 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「S v Dlamini (2012)」の詳細全文を読む スポンサード リンク
|