S v Baardman (612/91) [1992] ZASCA 101 (29 May 1992)

S v Baardman (612/91) [1992] ZASCA 101 (29 May 1992)

The court found that Baardman intentionally killed the deceased in a violent and brutal manner, with the murder being planned in advance and executed without provocation. The evidence excluded any reasonable inference other than that Baardman acted to facilitate his wife's reinstatement, demonstrating a calculated and ruthless disposition. There were no mitigating factors present; Baardman was a first offender but his conduct in these murders showed him to be a cold and calculating killer. His cooperation with the police did not persist, as he later gave false evidence at trial. The crime was part of a pattern, and the attempt to cover it up further aggravated the circumstances. The court...

Citation
[1992] ZASCA 101
Parties
Appellant: Jack Baardman; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
29 May 1992
Case Number
612/91
Procedural Posture
Criminal Appeal / Appeal Against Sentence (death Penalty Confirmation)
Outcome
The sentence of death imposed on Jack Baardman for the murder of Johanna Joubert is confirmed.
Judges
Botha, Grosskopf, Nicholas
Legal Topics
Murder, Death Penalty, Aggravating Factors, Mitigating Factors, Sentencing Principles
Criminal Law Murder Death Penalty Aggravating Factors Mitigating Factors Sentencing Principles

Case Brief

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Parties

Jack Baardman

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence (death Penalty Confirmation)

Legal Issues

  1. 1 Whether the sentence of death imposed on Jack Baardman for murder should be confirmed under the new section 277 of the Criminal Procedure Act.
  2. 2 Whether there were any mitigating factors present to justify a lesser sentence.
  3. 3 Whether the aggravating circumstances warranted the imposition of the death penalty.

Ratio Decidendi

The court found that Baardman intentionally killed the deceased in a violent and brutal manner, with the murder being planned in advance and executed without provocation. The evidence excluded any reasonable inference other than that Baardman acted to facilitate his wife's reinstatement, demonstrating a calculated and ruthless disposition. There were no mitigating factors present; Baardman was a first offender but his conduct in these murders showed him to be a cold and calculating killer. His cooperation with the police did not persist, as he later gave false evidence at trial. The crime was part of a pattern, and the attempt to cover it up further aggravated the circumstances. The court...

Court Disposition

The sentence of death imposed on Jack Baardman for the murder of Johanna Joubert is confirmed.

Orders

  • The sentence of death is confirmed.