• What is the extent of the illegal organized cigarette trade in South Africa? How much money is lost annually to the South African economy as a result? We answer these and other important questions in an article published in Servamus: January 2021.

  • Servamus subscribers stand the chance of winning a BYRNA Less-lethal firearm (no need for permits). Turn to p21 of Servamus: January 2021 to find out what you need to do to win this awesome prize worth R7500!

  • COVID-19 has exacerbated the threat of crimes that are committed in the pharmaceutical industry, such as counterfeiting and fraud, as large consignments of counterfeit medical products have been distributed. Our article published from p24 in Servamus: January 2021, reveals more details.

  • 1
  • 2
  • 3
  • 4
  • 5
0
0
0
s2smodern
powered by social2s

- S v Leshilo (345/2019) [2020] ZASCA 98 (8 September 2020) (SCA)

Mr Moshidi Danny Leshilo (hereinafter referred to as “the accused”), was accused 1 before the regional court, Pretoria (“the trial court”) where he was convicted on 11 June 2014 of housebreaking with the intent to commit an unknown offence in terms of section 262 of the Criminal Procedure Act 51 of 1977 (count 1); the unlawful possession of a firearm (count 2); and the unlawful possession of ammunition (count 3).

For purposes of sentencing, the three counts supra were taken together whereupon a globular sentence of 15 years’ incarceration was imposed. The accused’s co-accused, who was accused 2 before the trial court, was acquitted on all counts on the basis that the State/prosecution had not proven his identity as one of the perpetrators beyond reasonable doubt.

Not satisfied with this outcome, the accused appealed to the High Court in Pretoria (“the court of appeal”) against both his convictions and sentence, which appeal was, however, dismissed in its entirety.

Accordingly, the accused, likewise not happy with this outcome, approached a full bench of five judges of the Supreme Court of Appeal in Bloemfontein (“the SCA”), where he appealed against his conviction only regarding counts 2 and 3 supra, and the globular sentence of 15 years’ incarceration.

Here, in the SCA, the primary issue was whether the accused was in joint possession of a firearm and/or ammunition.

According to the SCA, there has been some confusion regarding the application of the principles of common purpose and joint possession (Afrikaans: “gemeenskaplike oogmerk en medebesit/gesamentlike besit”) where firearms are utilised in the course of a robbery or a housebreaking. Accused persons are frequently convicted of robbery with aggravating circumstances on the basis of common purpose, even if their role is relatively minor. In the absence of proof of a prior agreement, what has to be shown is, according to the SCA, that the accused was present together with other persons at the scene of the crime; aware that a crime would take place; and intended to make common purpose with those committing the crime as evidenced by some act of association with the conduct of the others. However, the principles of common purpose do not find application when convicting an accused for the unlawful possession of the firearm used in the same robbery. Instead, it is the principles of joint possession that apply.

*****************************

[This is only an extract of a legal discussion published in Pollex in Servamus: January 2021. If you are interested in reading the completed discussion, contact Servamus’s offices. Tel: (012) 345 4660 or send an e-mail to: This email address is being protected from spambots. You need JavaScript enabled to view it.. Ed.]

0
0
0
s2smodern
powered by social2s

Servamus - January 2021

A lack of employment and job opportunities is often considered to be an important reason for criminal behaviour.
By Kotie Geldenhuys
Towards the end of March 2020, the President, Mr Cyril Ramaphosa, announced that as of midnight on 26 March 2020, South Africa would go into a "hard lockdown".
By Kotie Geldenhuys
The current worldwide COVID-19 pandemic which resulted in various lockdown levels across the world, has opened new opportunities for criminals to exploit people - especially in cyberspace.
By Annalise Kempen
Families across the world have been affected by the COVID-19 pandemic which will likely have a long-lasting impact on public health and our well-being.
By Kotie Geldenhuys

Pollex - January 2021

Read More - S v Leshilo (345/2019) [2020] ZASCA 98 (8 September 2020) (SCA)
Mr Moshidi Danny Leshilo (hereinafter referred to as “the accused”), was accused 1 before the regional court, Pretoria (“the trial court”) where he was convicted on 11 June 2014 of housebreaking with the intent to commit an unknown offence in terms of section 262 of the Criminal Procedure Act 51 of 1977 (count 1); the unlawful possession of a firearm (count 2); and the unlawful possession of ammunition (count 3).
Read More - S v JA 2017 (2) SACR 143 (NCK)
Mr JA, the accused who is from Port Nolloth on the northern part of the South African west coast, was convicted of rape before the regional court, Springbok in Namaqualand.
Read More - S v Ndlovu 2017 (2) SACR 305 (CC)
Relevant legislation (1) Section 3 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 provides for the offence of rape simpliciter (Afrikaans: “sonder voorbehoud”).

Letters - January 2021

Hearty congratulations to Sgt T S Moletsane of the Beaufort West Stock Theft Unit who was awarded as the Best Member of a Stock Theft Unit - for the fourth consecutive year!
January Magazine Cover

Servamus' Mission

Servamus is a community-based safety and security magazine for both members of the community as well as safety and security practitioners with the aim of increasing knowledge and sharing information, dedicated to improving their expertise, professionalism and service delivery standards. It promotes sound crime management practices, freedom of speech, education, training, information sharing and a networking platform.