Appeal dismissed: Road-raging traffic cop's 10-year sentence for attempted murder upheld
Tshabalala participated in a road rage incident where shots fired from his vehicle injured two people following a brief roadside altercation.
Judge Pieter Bezuidenhout applied the doctrine of common purpose, ruling Tshabalala was equally liable even if his brother fired the shots.
The KwaZulu-Natal High Court in Pietermaritzburg has dismissed the appeal of Nhlanhla Hendry Tshabalala, a traffic officer convicted of three counts of attempted murder.
The ruling handed down on Friday upheld both the conviction and the 10-year imprisonment sentence imposed by the Newcastle Regional Court.
The case stems from an incident where Hercules Bonginkosi Zondi, a Ms Myeni, and Dumisani Buthelezi encountered Tshabalala's stationary vehicle on a public road. After a brief verbal exchange, the complainants continued their journey, but Tshabalala's vehicle pursued them. Court records show he pulled alongside their car, at which point shots were fired from his vehicle, striking and injuring both Zondi and Buthelezi.
Judge Pieter Bezuidenhout rejected Tshabalala's argument that the shots were fired solely by his brother, Bongani, who was a passenger in the vehicle.
'The evidence clearly demonstrates that the appellant actively participated in the commission of the offence,' stated Bezuidenhout.
'By slowing down his vehicle and positioning it parallel to the complainants' car at the precise moment the shots were fired, he created the perfect opportunity for this attack to occur.'
The judgment applied the doctrine of common purpose:
Even if we accept that it was indeed the appellant's brother who physically fired the shots, the law is clear on this matter. When individuals act with a shared purpose to commit a crime, each becomes liable for the actions of the others.
The court found three key factors undermining Tshabalala's defence: he failed to report the incident despite being a traffic officer; his version of events lacked credibility compared to the State's witnesses; and his claim that the complainants fired first was unsupported by evidence.
'The appellant's failure to report this serious incident, despite his position as a traffic officer, speaks volumes about his consciousness of guilt,' Bezuidenhout noted.
In confirming the 10-year sentence, the court considered Tshabalala's status as a first-time offender with family responsibilities but determined the offence warranted the substantial term.
'Those entrusted with ensuring safety on our roads must be held to the highest standards,' Bezuidenhout stated.
READ | Outstanding reports delay sentencing of pensioner convicted of road rage killing
'This court cannot overlook the irony and gravity of a traffic officer sworn to protect citizens on our roadways participating in what amounts to a dangerous and potentially deadly act of road rage.'
He concluded: 'The sentence of 10 years' imprisonment appropriately reflects the severity of the offence and sends a necessary message regarding the consequences of such reckless disregard for human life.'
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