S v Dlamini and Another (346/86) [1987] ZASCA 11 (20 March 1987)

S v Dlamini and Another (346/86) [1987] ZASCA 11 (20 March 1987)

The court held that the first appellant was the person who shot both Vincent and Mabel Ngobese, acting as a hired assassin. The circumstances advanced as extenuating did not render his conduct morally less blameworthy, as the killing of someone intervening on behalf of the intended victim is not less culpable. The court found no fault with the trial court's finding that no extenuating circumstances existed and upheld the death sentence. Regarding the second appellant, the court found the identification evidence unreliable and insufficient to exclude reasonable doubt. The fact that he was not arrested immediately and the presence of the beer bottle were inconsistent with guilt. The State...

Citation
[1987] ZASCA 11
Parties
Appellant: Mpikayipheli Dlamini; Appellant: Mbukeni Hezenkia Mncube; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
20 March 1987
Case Number
346/86
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
The appeal of the first appellant is dismissed; the appeal of the second appellant is allowed and his convictions and sentences are set aside.
Judges
Jansen, Vivier, Boshoff
Legal Topics
Extenuating Circumstances, Identification Evidence, Murder, Attempted Murder, Sentencing, Appeal Procedure
Criminal Law Extenuating Circumstances Identification Evidence Murder Attempted Murder Sentencing Appeal Procedure

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 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Mpikayipheli Dlamini

Appellant

Mbukeni Hezenkia Mncube

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether extenuating circumstances existed in the case of the first appellant to avoid the death sentence.
  2. 2 Whether the identification evidence against the second appellant was sufficient to sustain his conviction.

Ratio Decidendi

The court held that the first appellant was the person who shot both Vincent and Mabel Ngobese, acting as a hired assassin. The circumstances advanced as extenuating did not render his conduct morally less blameworthy, as the killing of someone intervening on behalf of the intended victim is not less culpable. The court found no fault with the trial court's finding that no extenuating circumstances existed and upheld the death sentence. Regarding the second appellant, the court found the identification evidence unreliable and insufficient to exclude reasonable doubt. The fact that he was not arrested immediately and the presence of the beer bottle were inconsistent with guilt. The State...

Court Disposition

The appeal of the first appellant is dismissed; the appeal of the second appellant is allowed and his convictions and sentences are set aside.

Orders

  • The appeal of Mpikayipheli Dlamini is dismissed.
  • The appeal of Mbukeni Hezenkia Mncube is allowed.