S v Thebus
South African legal case / From Wikipedia, the free encyclopedia
S v Thebus and Another is a 2003 decision of the Constitutional Court of South Africa in the area of criminal law and criminal procedure. The court unanimously affirmed that the doctrine of common purpose was compatible with the Constitution, upholding two murder convictions on that basis. However, the court was also called to determine whether it is compatible with the constitutional right to silence for courts to draw an adverse inference from a criminal defendant's failure to disclose an alibi before trial. On that further question, the court was divided.
Quick Facts S v Thebus, Court ...
S v Thebus | |
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Court | Constitutional Court of South Africa |
Full case name | Abduraghman Thebus and Another v the State |
Decided | 28 August 2003 |
Citation(s) | [2003] ZACC 12; 2003 (6) SA 505 (CC); 2003 (10) BCLR 1100 (CC) |
Case history | |
Prior action(s) | Supreme Court of Appeal – S v Thebus [2002] ZASCA 89 High Court of South Africa, Cape Division – S v Thebus (SS77/2000, unreported) |
Court membership | |
Judges sitting | Chaskalson CJ, Langa DCJ, Ackermann, Goldstone, Madala, Mokgoro, Moseneke, O'Regan and Yacoob JJ |
Case opinions | |
The doctrine of common purpose is compatible with the Constitution. (Unanimous.) It is permissible to draw an adverse inference from an accused person's failure to disclose an alibi timeously. (4:4.) | |
Decision by | Moseneke J (Chaskalson and Madala concurring) |
Concur/dissent |
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