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1998
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[1998] ZAWCHC 5
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S v Goliath (SS64/98) [1998] ZAWCHC 5 (15 December 1998)
IN THE HIGH COURT OF SOUTH AFRICA
(WESTERN
CAPE HIGH COURT, CAPE TOWN)
CASE NO
:
SS64/98
DATE
:
15
December 1998
In
the matter between:
VINCENT JAMES GOLIATH
….............................................................................
Applicant
and
THE STATE
…...................................................................................................
Respondent
JUDGMENT
(Application for Leave to Appeal)
CLEAVER. J
This is an application for leave to appeal against the conviction of
the appellant by myself and two assessors on November 1998.
The appellant was found guilty on count 3 of
assault on Barbara Stone with intent to do grievous bodily harm and
on count 4
of common assault, on
the-deceased, Delia Jacobs, and on count 5, of the murder of Delia
Jacobs.
Mr
Lanqe
,
who appeared on behalf of the appellant, and who also appeared at
the trial, listed a number of grounds in the application for
leave
to appeal, all of which were argued and canvassed at the trial and
dealt with in the judgment. This morning he highlighted
certain of
the grounds but by doing so he did not indicate that he was not
relying on the remaining grounds.
In respect of the conviction of the appellant of
assault with intent to do grievous bodily harm on Barbara Stone Mr
Lanae
highlighted
certain differences between the statements made by the complainant
to the police and her evidence. He also referred
again to
differences between the evidence of Barbara Stone and the witness
Frans Stone, and on this basis suggested that another
Court might
come to a different view. In my view there is no prospect of another
Court coming to a different view on this charge.
This is basically
for the reasons detailed in the judgment that whatever
contradictions there may have been, the evidence given
by the
complainant, and corroborated by the report made by her to the
police immediately after the occurrence, coupled with her
physical
condition at the time, plus the corroboration which is to be found
in Frans' evidence are to my mind such that no other
Court will come
to a different view on this count.
In regard to the charge of murder Mr
Lanqe
.
as was to be expected, based his attack on the findings of the Court
on the issue of the circumstantial evidence. In the judgment
of the
Court the circumstances which the Court took into account, which led
to the finding that no other conclusion could be
drawn are set out,
and I have had again had occasion to look at these circumstances. Mr
Lange's
submissions
were to the effect that the circumstantial nature of the evidence,
plus the inability of the State to prove the actual
cause of death
are so interwoven with each other that in the result another Court
could come to a different conclusion.
The facts which were found by the trial Court
were highlighted by Ms
Lochner
.
who appeared for the State, namely that the body of the deceased was
identified by her mother as a result of physical characteristics.
It
was quite clear from the evidence that the body had been set alight
with the view or certainly to have the result of obliterating
any
cause of death. The doctor who testified satisfied the Court that
the deceased did not die of natural causes and I am not
persuaded
that another Court would come to a different conclusion on that
score.
The circumstantial evidence is to my mind so strong that I am also
of the view that another Court will not come to a different
conclusion as to the accused's responsibility for the death.
In the circumstances the
APPLICATION
FOR LEAVE TO APPEAL IS DISMISSED.
CLEAVER, J