S v De Bruin and Muller (K/S 21/2020) [2024] ZANCHC 114 (18 September 2024)

S v De Bruin and Muller (K/S 21/2020) [2024] ZANCHC 114 (18 September 2024)

The court found that the offences were committed in furtherance of a common purpose, with dolus eventualis as the form of intent. The accused were first offenders and acted under the direction of their employer, who was not before the court due to his passing. The court considered the accused's personal circumstances, lack of formal training, and the fact that the firearm was provided by the employer. However, the gravity of the offences, the lack of genuine remorse (particularly from accused 2), and the aggravating circumstances outweighed the mitigating factors. The court held that dolus eventualis is only one factor and does not, on its own, justify deviation from the prescribed...

Citation
[2024] ZANCHC 114
Parties
Applicant: The State; Defendant: Edward Kabelo De Bruin; Defendant: Piet Gohentsemang Muller
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
18 September 2024
Case Number
K/S 21/2020
Procedural Posture
Criminal Law / Sentencing
Outcome
Both accused were sentenced to 25 years imprisonment for murder, with concurrent sentences for kidnapping, assault with intent to do grievous bodily harm, possession of an unlicensed firearm, and possession of unlicensed ammunition.
Judges
Mamosebo
Legal Topics
Prescribed Minimum Sentence, Dolus Eventualis, Substantial and Compelling Circumstances, Common Purpose, Kidnapping, Possession of Unlicensed Firearm
Criminal Law Prescribed Minimum Sentence Dolus Eventualis Substantial and Compelling Circumstances Common Purpose Kidnapping Possession of Unlicensed Firearm

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Parties

The State

Applicant

Edward Kabelo De Bruin

Defendant

Piet Gohentsemang Muller

Defendant

Procedural Posture

Criminal Law / Sentencing

Legal Issues

  1. 1 Whether substantial and compelling circumstances exist to deviate from the prescribed minimum sentence for murder under s 51(1) of the Criminal Law Amendment Act 105 of 1997.
  2. 2 Whether the accused's age, remorse, and conviction on dolus eventualis constitute substantial and compelling circumstances.
  3. 3 Whether sentences for kidnapping, assault with intent to do grievous bodily harm, and possession of unlicensed firearm and ammunition should run concurrently with the murder sentence.

Ratio Decidendi

The court found that the offences were committed in furtherance of a common purpose, with dolus eventualis as the form of intent. The accused were first offenders and acted under the direction of their employer, who was not before the court due to his passing. The court considered the accused's personal circumstances, lack of formal training, and the fact that the firearm was provided by the employer. However, the gravity of the offences, the lack of genuine remorse (particularly from accused 2), and the aggravating circumstances outweighed the mitigating factors. The court held that dolus eventualis is only one factor and does not, on its own, justify deviation from the prescribed...

Court Disposition

Both accused were sentenced to 25 years imprisonment for murder, with concurrent sentences for kidnapping, assault with intent to do grievous bodily harm, possession of an unlicensed firearm, and possession of unlicensed ammunition.

Orders

  • Accused 1 and 2 are each sentenced to 25 years imprisonment for murder read with s 51(1) of the Criminal Law Amendment Act 105 of 1997.
  • Accused 1 and 2 are each sentenced to 10 years imprisonment for kidnapping of Aobakwe Pholoholo.