South Africa: Supreme Court of Appeal

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