Recent Case: General principles and specific offences

• Citation: (2021) 34 SACJ 372
• DOI: https://doi.org/10.47348/SACJ/v34/i2a10
• Date: 17 November 2021
• Author: Anderson, A.
• Published date: 17 November 2021
• Pages: 372-385

General principles and

specic offences

ADRIAAN ANDERSON

University of Limpopo

1 General principles

1.1 Attempt to commit armed robbery with aggravating

circumstances

If an offence is not actually comm itted, when does planning to

commit the crime exceed the para meters of preparation and reach the

threshold of attempt to commit the cri me? This was the perti nent issue

before the court in Tilayi v S (CA22/2020) [2021] ZAECMHC 13; [2021] 3

All SA 261 (ECM), an appeal to the full bench of the Eastern Cape High

Court on a conviction on various charges. (T his section will focus on

the conviction by the court on attempted robber y with aggravating

circumstances). A group, including the appellant, planned to commit

armed robbery on a cash-i n-transit vehicle en route to deliver cash at

a pension pay point. The group held a planning meeting, acquired

numerous heavy calibre rear ms, including AK47s and other military-

style assault weapons, and two vehicles. They travelled in two groups

to the intended location of the robbery and awaited the ar rival of

the vehicle transporting the ca sh. All these actions indicate ca reful

planning and preparation on their p art. Contrary to t heir expectations,

their presence at the location aroused suspicion and the cash-in- transit

company was notied. The South Af rican Police Service was called

upon and dispatched several vehicles to accompany the cash-in-

transit vehicles. On becoming aware of the police escort t he would-be

robbers called off their i ntended robbery. As they were leaving the

intended location of the crime, they encountered the approaching

police convoy, which embarked on a pursuit duri ng which several

shots were exchanged and a police ofcer was fatally wounded.

The appellant was later apprehended and convicted of murder,

attempted murder, attempted robbery with aggravating ci rcumstances

and rearms-related offences.

RECENT CASES

https://doi.org/10.47348/SACJ/v34/i2a10

372

(2021) 34 SACJ 372

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