Ngobeni v The State

The appellant was convicted in the regional court of attempted murder following a road rage incident in Pretoria. After aggressive driving between the appellant and the complainant, both stopped at an Engen petrol station in Atteridgeville. The complainant approached the appellant’s vehicle to confront him about his driving and was subsequently shot. The complainant alleged he was shot from behind while walking away. The appellant claimed that the complainant and two others assaulted him at his vehicle, forcing open the door, and that he fired a shot in self-defence while being attacked. A medical report (J88) was admitted by consent but contained uncertainty regarding entry and exit wounds.

The appeal was upheld and the conviction and sentence for attempted murder were set aside.

This case is significant for reaffirming the duty of trial courts to actively ensure a fair trial by invoking s 186 of the Criminal Procedure Act where essential evidence is unclear. It underscores that medical evidence admitted by consent does not relieve the State of its burden of proof and highlights the proper approach to mutually destructive versions and evidential uncertainty in criminal trials.