S v Singh

• Jurisdiction: South Africa
• Citation: 1975 (1) SA 227 (N)

S v Singh
1975 (1) SA 227 (N)

1975 (1) SA p227

Citation	1975 (1) SA 227 (N)
Court	Natal Provincial Division
Judge	Leon J and Kriek J
Heard	August 1, 1974
Judgment	August 1, 1974

Flynote : Sleutelwoorde

D Criminal procedure — Evidence — State witness and defence witnesses giving conflicting evidence — Approach of court — Court to apply its mind not only to the merits and demerits of the witnesses but also to the probabilities of the case. E

Headnote : Kopnota

In a criminal case on fact where there is a conflict of fact between the evidence of the State witnesses and that of an accused it is quite impermissible to approach such a case thus: because the court is satisfied as to the reliability and the credibility of the State witnesses that, therefore, the defence witnesses, including the accused, must be rejected. The proper approach in such a case is for the court to apply its mind not F only to the merits and the demerits of the State and the defence witnesses but also to the probabilities of the case. It is only after so applying its mind that a court would be justified in reaching a conclusion as to whether the guilt of an accused has been established beyond all reasonable doubt. The best indication that a court has applied its mind in the proper manner is to be found in its reasons for judgment including its reasons for the acceptance and the rejection of the respective witnesses. G

Case Information

Appeal against a conviction in a magistrate's court. Facts not material to this report have been omitted.

C. S. White, for the appellant.

G. Truter, for the State. H

Judgment

Leon, J.:

The appellant appeared before the magistrate at Ladysmith charged with reckless or negligent driving. He pleaded not guilty to the charge, but was found guilty of negligent driving and he was sentenced to a fine of R90 with the alternative of 90 days' imprisonment. The appeal is brought against the conviction as well as the sentence.

The State case depends entirely upon the evidence of a single witness, Sergeant Francis, a sergeant in the South African Police at Ladysmith.

1975 (1) SA p228

Leon J

[The learned Judge analysed the evidence which concerned a collision between a police vehicle driven by the sergeant (hereinafter referred to as "the complainant") and one driven by the appellant, and continued as follows.]

A The magistrate was thus faced with a...