S v Bester (176/89) [1990] ZASCA 100; [1990] 2 All SA 604 (A) (24 September 1990)

S v Bester (176/89) [1990] ZASCA 100; [1990] 2 All SA 604 (A) (24 September 1990)

The court found that the appellant's version that he slept through the prolonged and violent assault was overwhelmingly improbable. The evidence established that the co-accused brought the deceased to the appellant's bedroom specifically to obtain instructions, and the appellant was either awakened or already awake. The nature and duration of the assault, the physical layout of the room, and the appellant's conduct after the incident (including instructing the cleaning of blood and delaying the police call) all pointed to his participation or approval of the attack. The court held that the accomplice evidence, though requiring caution, was sufficiently corroborated by circumstantial...

Citation
[1990] ZASCA 100
Parties
Appellant: Jan Abraham Bester; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
24 September 1990
Case Number
176/89
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal dismissed. Conviction and sentence confirmed.
Judges
E.M Grosskopf, Nicholas, Goldstone
Legal Topics
Murder, Credibility of Accomplice Witnesses, Intoxication, Joint Enterprise, Causation of Death
Criminal Law Murder Credibility of Accomplice Witnesses Intoxication Joint Enterprise Causation of Death

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Jan Abraham Bester

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the appellant's version that he did not participate in the assault is reasonably possibly true.
  2. 2 Whether the evidence of accomplice witnesses was sufficiently reliable to convict the appellant.
  3. 3 Whether the appellant's intoxication negated the requisite intent for murder.

Ratio Decidendi

The court found that the appellant's version that he slept through the prolonged and violent assault was overwhelmingly improbable. The evidence established that the co-accused brought the deceased to the appellant's bedroom specifically to obtain instructions, and the appellant was either awakened or already awake. The nature and duration of the assault, the physical layout of the room, and the appellant's conduct after the incident (including instructing the cleaning of blood and delaying the police call) all pointed to his participation or approval of the attack. The court held that the accomplice evidence, though requiring caution, was sufficiently corroborated by circumstantial...

Court Disposition

Appeal dismissed. Conviction and sentence confirmed.

Orders

  • The appeal is dismissed.
  • The conviction and sentence imposed by the trial court are confirmed.