Makatu v S (612/2012) [2013] ZASCA 149; [2014] 1 All SA 141 (SCA); 2014 (2) SACR 539 (SCA) (25 October 2013)

Makatu v S (612/2012) [2013] ZASCA 149; [2014] 1 All SA 141 (SCA); 2014 (2) SACR 539 (SCA) (25 October 2013)

The Supreme Court of Appeal found that the appellant's admissions and the medical evidence established the elements of murder on the basis of dolus eventualis, as he foresaw the possibility of death resulting from his conduct and persisted regardless. The section 112(2) statement was sufficient to constitute the offences of rape and theft, given the appellant's age, legal representation, and voluntary admissions. The trial court misdirected itself by imposing life imprisonment for murder and 20 years for rape without proper reference to the minimum sentencing regime and without evidence of aggravating circumstances. The sentences were set aside and replaced with 15 years for murder, 10...

Citation
[2013] ZASCA 149
Parties
Appellant: Humbulani Makatu; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
25 October 2013
Case Number
612/2012
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal against convictions dismissed; appeal against sentences on counts 1 and 2 upheld; sentences substituted.
Judges
Navsa, Maya, Bosielo, Pillay, Meyer
Legal Topics
Murder, Rape, Theft, Minimum Sentencing, Dolus Eventualis, Criminal Procedure Act
Criminal Law Murder Rape Theft Minimum Sentencing Dolus Eventualis Criminal Procedure Act

Case Brief

Summary, issues, holding and outcome

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Parties

Humbulani Makatu

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the written statement in terms of section 112(2) of the Criminal Procedure Act set out all the essential elements of the offences for which the appellant pleaded guilty.
  2. 2 Whether the evidence on the murder charge was sufficient to support the inference of intent to kill.
  3. 3 Whether the sentences imposed were appropriate and in accordance with the minimum sentencing regime.

Ratio Decidendi

The Supreme Court of Appeal found that the appellant's admissions and the medical evidence established the elements of murder on the basis of dolus eventualis, as he foresaw the possibility of death resulting from his conduct and persisted regardless. The section 112(2) statement was sufficient to constitute the offences of rape and theft, given the appellant's age, legal representation, and voluntary admissions. The trial court misdirected itself by imposing life imprisonment for murder and 20 years for rape without proper reference to the minimum sentencing regime and without evidence of aggravating circumstances. The sentences were set aside and replaced with 15 years for murder, 10...

Court Disposition

Appeal against convictions dismissed; appeal against sentences on counts 1 and 2 upheld; sentences substituted.

Orders

  • The appeal against the convictions on all three counts is dismissed.
  • The appeal against the sentences imposed in respect of counts 1 (murder) and 2 (rape) is upheld.