IN the HIGH COURT of SOUTH AFRICA BHISHO Case No. CA&R
IN THE HIGH COURT OF SOUTH AFRICA BHISHO Case No. CA&R/2008 In the matter between: VINTA WORKMAN GQIRANA APPELLANT AND THE STATE RESPONDENT APPEAL JUDGMENT _____________________________________________________________ GREENLAND AJ: [1] This is an appeal in respect of convictions and sentences handed down by the High Court, Bisho. [2] Conviction The appellant, and four (4) others, were convicted of ± Count 1) Murder, by shooting, of adult male Alfred Nzimeni Makasi, on 1st April 2002 at Ilitha Township, Zwelitsha. Count 2) Attempted murder, by shooting and wounding, of one Nolulamile Nonkosi Makasi, on the same date and at the same place. Count 3) Robbery with aggravating circumstances of adult male Alfred Nzimeni Makasi of the sum of R38 000,00 at the same time and place. Count 4) Robbery with aggravating circumstances of adult male Alfred Nzimeni Makasi of a motor vehicle at the same time and place. Of the five accused only the appellant, who appeared as Accused 1 at the trial in the court, a quo, has appealed. [3] Incident All the charges arise on account of an incident which occurred at Ilitha Township, Zwelitsha on the evening of 01 April 2002. Four of the accused confronted the victims in their home. The deceased was shot several times and according to the post-mortem report died of ªbullet wounds to the chestº. His wife, complainant in Count 2, also sustained gunshot injuries but fortunately survived. In Counts 3 and 4 the deceased was relieved of the money and a vehicle at gunpoint. It is common cause that the actions of the perpetrators constitute the charges alleged.
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