{{Short description, S v Grobler: 1966, South Africa
In ''S v Grobler en 'n Ander'' (1966), an important case in
South Africa
South Africa, officially the Republic of South Africa (RSA), is the southernmost country in Africa. It is bounded to the south by of coastline that stretch along the South Atlantic and Indian Oceans; to the north by the neighbouring count ...
n
criminal procedure
Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail o ...
, the first appellant had entered a café with a
pistol
A pistol is a handgun, more specifically one with the chamber integral to its gun barrel, though in common usage the two terms are often used interchangeably. The English word was introduced in , when early handguns were produced in Europe, ...
in his hand and threatened the café owner's daughter-in-law. The owner's son grappled with the first appellant, who had fired two shots at him, one in his
thigh
In human anatomy, the thigh is the area between the hip ( pelvis) and the knee. Anatomically, it is part of the lower limb.
The single bone in the thigh is called the femur. This bone is very thick and strong (due to the high proportion of ...
and the other at the back of his head.
The owner then came out of the residential quarters with a shot gun and fired one shot at first appellant who ducked and in doing so was missed.
The first appellant then pressed his pistol against the owner's head and shot him dead.
Thereafter he had taken the money out of the cash-box and ran away.
The second appellant had waited outside for him with a
car
A car or automobile is a motor vehicle with wheels. Most definitions of ''cars'' say that they run primarily on roads, seat one to eight people, have four wheels, and mainly transport people instead of goods.
The year 1886 is regarded as t ...
, and, after first appellant had climbed in, driven him speedily away. The second appellant had known that the first appellant had the pistol and that it might be used.
On charges of murder and
robbery
Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or by use of fear. According to common law, robbery is defined as taking the property of another, with the intent to permanently deprive the perso ...
, it appeared that both offenses had been committed and they were convicted on both charges and sentenced.
This case dealt with the question of law as to whether there had been an improper duplication of charges.
The court held that there was no improper duplication of charges as the appellants had not been convicted or sentenced twice for the same offence.
The court also noted that this question arises at the end of the trial.