S v Dlamini (CC9/2020) [2020] ZAGPPHC 684 (4 November 2020)

S v Dlamini (CC9/2020) [2020] ZAGPPHC 684 (4 November 2020)

The court found that the accused was discovered alone with the deceased, holding the garden hoe, and that the blood on the hoe matched the deceased's DNA. The accused's version that he was too intoxicated to remember was rejected as improbable and unsupported by evidence. Witnesses confirmed that the accused appeared normal and was not excessively drunk. The psychiatric report established that the accused was capable of understanding proceedings and distinguishing right from wrong. The accused's denial of seeing the child and his selective memory were found to be false and contrived. The injuries sustained by the deceased were consistent with an assault using a garden hoe, and the only...

Citation
[2020] ZAGPPHC 684
Parties
Applicant: The State; Defendant: Lunyu Lewis Dlamini
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
4 November 2020
Case Number
CC9/2020
Procedural Posture
Criminal Trial / Conviction and Judgment
Outcome
Conviction of murder read with the provisions of section 51(2) of Act 105 of 1997.
Judges
Broodryk
Legal Topics
Murder, Minimum Sentences, Mens Rea, Child Victim, Criminal Procedure Act, Psychiatric Evidence
Criminal Law Murder Minimum Sentences Mens Rea Child Victim Criminal Procedure Act Psychiatric Evidence

Case Brief

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Parties

The State

Applicant

Lunyu Lewis Dlamini

Defendant

Procedural Posture

Criminal Trial / Conviction and Judgment

Legal Issues

  1. 1 Whether the accused unlawfully and intentionally killed the deceased.
  2. 2 Whether the accused was so intoxicated as to lack criminal capacity.
  3. 3 Whether the accused suffered from any mental illness affecting his ability to distinguish right from wrong.

Ratio Decidendi

The court found that the accused was discovered alone with the deceased, holding the garden hoe, and that the blood on the hoe matched the deceased's DNA. The accused's version that he was too intoxicated to remember was rejected as improbable and unsupported by evidence. Witnesses confirmed that the accused appeared normal and was not excessively drunk. The psychiatric report established that the accused was capable of understanding proceedings and distinguishing right from wrong. The accused's denial of seeing the child and his selective memory were found to be false and contrived. The injuries sustained by the deceased were consistent with an assault using a garden hoe, and the only...

Court Disposition

Conviction of murder read with the provisions of section 51(2) of Act 105 of 1997.

Orders

  • The accused, Lunyu Lewis Dlamini, is convicted of murder read with section 51(2) of Act 105 of 1997.
  • The matter is to proceed to sentencing in accordance with the minimum sentence provisions.