S v Di Blasi (429/94) [1995] ZASCA 111 (21 September 1995)

S v Di Blasi (429/94) [1995] ZASCA 111 (21 September 1995)

The Supreme Court of Appeal found that the respondent did not act with diminished criminal responsibility. The evidence showed that the murder was premeditated, carefully planned, and executed in a cold and calculated manner. The respondent's actions demonstrated full appreciation of the wrongfulness of his conduct and the ability to act in accordance with that appreciation. The trial court erred by focusing excessively on the respondent's emotional suffering and failing to give due weight to the interests of society, deterrence, and retribution. The sentence imposed was shockingly inappropriate given the gravity of the crime and the respondent's moral blameworthiness. The application for...

Citation
[1995] ZASCA 111
Parties
Appellant: The State; Respondent: Guiseppe Di Blasi
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
21 September 1995
Case Number
429/94
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal upheld. Sentence imposed by trial court set aside and replaced with fifteen years' imprisonment for murder. Application for condonation granted.
Judges
CORBETT, E M GROSSKOPF, VIVIER
Legal Topics
Murder, Sentencing, Diminished Criminal Responsibility, Condonation of Late Filing
Criminal Law Murder Sentencing Diminished Criminal Responsibility Condonation of Late Filing

Case Brief

Summary, issues, holding and outcome

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Parties

The State

Appellant

Guiseppe Di Blasi

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the respondent acted with diminished criminal responsibility at the time of the murder.
  2. 2 Whether the sentence imposed by the trial court was appropriate given the circumstances of the case.
  3. 3 Whether condonation for the late lodging of the appeal record should be granted.

Ratio Decidendi

The Supreme Court of Appeal found that the respondent did not act with diminished criminal responsibility. The evidence showed that the murder was premeditated, carefully planned, and executed in a cold and calculated manner. The respondent's actions demonstrated full appreciation of the wrongfulness of his conduct and the ability to act in accordance with that appreciation. The trial court erred by focusing excessively on the respondent's emotional suffering and failing to give due weight to the interests of society, deterrence, and retribution. The sentence imposed was shockingly inappropriate given the gravity of the crime and the respondent's moral blameworthiness. The application for...

Court Disposition

Appeal upheld. Sentence imposed by trial court set aside and replaced with fifteen years' imprisonment for murder. Application for condonation granted.

Orders

  • The application for condonation of the late lodging of the record is granted. No order as to costs is made on the application.
  • The appeal succeeds. The sentence imposed by the trial court on the murder charge is set aside and a sentence of fifteen years' imprisonment is substituted.