Siyabonga Jantjies v The State

The appellant and the deceased were in a romantic relationship. On 17 September 2008 they argued after the appellant received a phone call from an ex-girlfriend. During the argument the deceased grabbed a knife and attempted to stab the appellant, leading to a struggle for the knife. According to the appellant, he disarmed her, threw the knife aside, left the room, and later returned to sleep next to her. The following morning he found her unresponsive and bleeding. Instead of seeking medical assistance, he went to his cousin, who contacted the appellant’s father. They went to the police station, and police later found the deceased lying dead on her bed in a pool of blood. A post-mortem revealed six stab wounds, including one penetrating the heart. Medical evidence indicated that it was improbable that the deceased could have inflicted these wounds on herself. The appellant was convicted of murder on the basis of circumstantial evidence.

The appeal against the conviction was dismissed.

The case reaffirms the principles governing circumstantial evidence in criminal trials and underscores that circumstantial evidence can be sufficient to sustain a conviction for murder. It also confirms that the refusal of a discharge under section 174 of the Criminal Procedure Act involves a judicial discretion that remains intact under the Constitution.