S v Demas (127/87) [1987] ZASCA 127 (9 November 1987)

S v Demas (127/87) [1987] ZASCA 127 (9 November 1987)

The Court held that the evidence against the appellant was identical to that against Jool Williams, whose conviction and sentence had previously been set aside by this Court. The evidence did not establish beyond reasonable doubt that the appellant participated in the attack leading to the charge of murder. The State conceded that it could not support the conviction. Accordingly, the Court granted condonation for the late filing of the appeal and set aside both the conviction and sentence.

Citation
[1987] ZASCA 127
Parties
Appellant: Harry Demas; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
9 November 1987
Case Number
127/87
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal upheld; conviction and sentence set aside.
Judges
Jacobs, Van Heerden, Boshoff
Legal Topics
Murder Without Extenuating Circumstances, Appeal Procedure, Condonation for Late Filing
Criminal Law Murder Without Extenuating Circumstances Appeal Procedure Condonation for Late Filing

Case Brief

Summary, issues, holding and outcome

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Parties

Harry Demas

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the evidence established the appellant's guilt beyond reasonable doubt.
  2. 2 Whether the conviction and sentence should be set aside in light of the previous decision in Jool Williams v The State.
  3. 3 Whether condonation for late filing of the appeal should be granted.

Ratio Decidendi

The Court held that the evidence against the appellant was identical to that against Jool Williams, whose conviction and sentence had previously been set aside by this Court. The evidence did not establish beyond reasonable doubt that the appellant participated in the attack leading to the charge of murder. The State conceded that it could not support the conviction. Accordingly, the Court granted condonation for the late filing of the appeal and set aside both the conviction and sentence.

Court Disposition

Appeal upheld; conviction and sentence set aside.

Orders

  • The conviction and sentence of Harry Demas are set aside.
  • Condonation for the late filing of the appeal is granted.