n South African Journal of Criminal Justice - General principles and specific offences : recent case

Volume 24, Issue 1
  • ISSN : 1011-8527
  • E-ISSN: 1996-2118



In 2010 JDR 1021 (KZP) the court heard an appeal against a conviction for murder on the basis of the doctrine of common purpose. The appellant and two others had agreed to commit robbery at a municipality in KwaZulu-Natal, in the town of Harding. They entered the premises of the municipality and when they aroused suspicion the deceased, who was the chief protection officer of the municipality, began to search them individually. One of the assailants then removed the deceased's firearm from his person and shot him twice in the shoulder with his (the deceased's) own weapon. He then fell to the ground and the assailants took his motor vehicle and drove away with it. The deceased died as a result of the gunshot wound.

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