S v Cloete (239/93) [1994] ZASCA 13; [1994] 4 All SA 151 (A) (17 March 1994)

S v Cloete (239/93) [1994] ZASCA 13; [1994] 4 All SA 151 (A) (17 March 1994)

The Supreme Court of Appeal held that the evidential value of informal admissions in section 115 statements derives from the ordinary common law of evidence. The court must consider both incriminating and exculpatory parts of such statements, but self-serving exculpatory statements not made under oath and not tested in cross-examination carry little weight. In this case, the appellant's claims of intoxication and coercion were not supported by credible evidence and were contradicted by reliable witness testimony. The appellant had opportunities to escape and failed to assist the deceased or report the crime, indicating willing participation. The State discharged its onus and proved the...

Citation
[1994] ZASCA 13
Parties
Appellant: S Cloete; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
17 March 1994
Case Number
239/93
Procedural Posture
Criminal Appeal / Appeal Against Conviction on Murder Count
Outcome
Appeal dismissed; conviction and sentence upheld.
Judges
E M Grosskopf, Eksteen, Nienaber
Legal Topics
Common Purpose, Admissions in Criminal Procedure, Section 115 Explanation of Plea, Onus of Proof, Intoxication, Accessory After the Fact
Criminal Law Common Purpose Admissions in Criminal Procedure Section 115 Explanation of Plea Onus of Proof Intoxication Accessory After the Fact

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 5 Authorities cited 19 Party arguments 2
Sign in to unlock

Parties

S Cloete

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction on Murder Count

Legal Issues

  1. 1 Whether the appellant killed the deceased.
  2. 2 Whether the appellant formed a common intent with the first accused in the commission of the murder.
  3. 3 Whether the appellant was under the influence of liquor at the time of the commission of the offence.

Ratio Decidendi

The Supreme Court of Appeal held that the evidential value of informal admissions in section 115 statements derives from the ordinary common law of evidence. The court must consider both incriminating and exculpatory parts of such statements, but self-serving exculpatory statements not made under oath and not tested in cross-examination carry little weight. In this case, the appellant's claims of intoxication and coercion were not supported by credible evidence and were contradicted by reliable witness testimony. The appellant had opportunities to escape and failed to assist the deceased or report the crime, indicating willing participation. The State discharged its onus and proved the...

Court Disposition

Appeal dismissed; conviction and sentence upheld.

Orders

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