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1985
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[1985] ZASCA 40
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Attorney General v Bruhns (2) (59/85) [1985] ZASCA 40 (28 May 1985)
59/85
IN THE SUPREME COURT OF SOUTH AFRICA
(
APPELLATE DIVISION
)
In the appeal of :-
THE ATTORNEY GENERAL
appellant
versus
GERHARD BRUHNS
respondent
Coram
: Corbett, Miller, Trengove,
Hefer JJA, et Smalberger, AJA.
Appeal heard
: 25 February 1985
Judgment delivered
28 May 1985
JUDGMENT CORBETT et TRENGOVE
JJA
We concur in the judgment of
MILLER JA. We were party to the majority judgment in
Khanyapa
's case,
but, having heard the argument in this case and having read the judgment of
MILLER JA, we are persuaded that in so far as
/the
2
the majority judgment in
Khanyapa
's case held that the fact of the
appellant's conviction on the assault charge was a separate piece of factual
evidence, which could
be used, together with other evidence, to establish the
guilt of the appellant on the murder charge, it was, for the reasons stated
by
MILLER JA, wrong and should not be followed in the present case. We would,
however, point out that in
Khanyapa
's case the Court was unanimous
(though for different reasons) in dismissing the appeal.
M M CORBETT J J TRENGOVE