S v Blake (364/84) [1985] ZASCA 129 (27 November 1985)

S v Blake (364/84) [1985] ZASCA 129 (27 November 1985)

The court found that the appellant, despite his assertion to the contrary, realized that his assault could cause the death of the deceased but nevertheless continued his assault, reckless and regardless of whether death would result. The evidence showed that the appellant's inhibitions were impaired by liquor and drugs, but not to the extent that he was unaware of the danger his actions posed. The brutality and force used, particularly to the head, indicated that a reasonable person would have foreseen the risk of death. The court held that the appellant had the requisite intent to kill in the form of dolus eventualis. Regarding sentence, the trial court properly considered the...

Citation
[1985] ZASCA 129
Parties
Appellant: Stephen Blake; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
27 November 1985
Case Number
364/84
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal dismissed; conviction and sentence confirmed.
Judges
Miller, Grosskopf, Galgut
Legal Topics
Murder, Dolus Eventualis, Extenuating Circumstances, Sentencing Principles, Intoxication, Provocation
Criminal Law Murder Dolus Eventualis Extenuating Circumstances Sentencing Principles Intoxication Provocation

Case Brief

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Parties

Stephen Blake

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the appellant had the intention to kill (dolus eventualis) when causing the death of the deceased.
  2. 2 Whether the sentence of fifteen years imprisonment was appropriate given the extenuating circumstances.

Ratio Decidendi

The court found that the appellant, despite his assertion to the contrary, realized that his assault could cause the death of the deceased but nevertheless continued his assault, reckless and regardless of whether death would result. The evidence showed that the appellant's inhibitions were impaired by liquor and drugs, but not to the extent that he was unaware of the danger his actions posed. The brutality and force used, particularly to the head, indicated that a reasonable person would have foreseen the risk of death. The court held that the appellant had the requisite intent to kill in the form of dolus eventualis. Regarding sentence, the trial court properly considered the...

Court Disposition

Appeal dismissed; conviction and sentence confirmed.

Orders

  • The appeal against conviction and sentence is dismissed.
  • The sentence of fifteen years imprisonment is confirmed.