S v Francis (253/97) [1999] ZASCA 11 (18 March 1999)

S v Francis (253/97) [1999] ZASCA 11 (18 March 1999)

The court found that the appellant's actions on the night in question were deliberate, purposeful, and indicative of criminal capacity. Despite substantial intoxication, the appellant demonstrated awareness of his conduct, appreciation of its wrongfulness, and control over his actions. The evidence established intent in the form of dolus directus for the murder of the deceased and dolus eventualis for the shooting of Gobey. The trial court erred in convicting the appellant of assault with intent to do grievous bodily harm instead of attempted murder regarding Gobey. The appeal against conviction and sentence for murder failed, and the conviction on count 1 was altered to attempted murder...

Citation
[1999] ZASCA 11
Parties
Appellant: Denver Joshua Francis; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
18 March 1999
Case Number
253/97
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal against conviction and sentence on count 2 (murder) fails. Appeal against conviction on count 1 (assault with intent to do grievous bodily harm) fails; conviction altered to attempted murder. Sentence on count 1 increased.
Judges
Schutz, Melunsky, Madlanga
Legal Topics
Murder, Attempted Murder, Criminal Incapacity, Dolus Directus, Dolus Eventualis, Intoxication
Criminal Law Murder Attempted Murder Criminal Incapacity Dolus Directus Dolus Eventualis Intoxication

Case Brief

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Parties

Denver Joshua Francis

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the appellant acted with criminal capacity at the time of the offences.
  2. 2 Whether the appellant had the requisite intent for murder and attempted murder.
  3. 3 Whether the trial court erred in convicting the appellant of assault with intent to do grievous bodily harm instead of attempted murder.

Ratio Decidendi

The court found that the appellant's actions on the night in question were deliberate, purposeful, and indicative of criminal capacity. Despite substantial intoxication, the appellant demonstrated awareness of his conduct, appreciation of its wrongfulness, and control over his actions. The evidence established intent in the form of dolus directus for the murder of the deceased and dolus eventualis for the shooting of Gobey. The trial court erred in convicting the appellant of assault with intent to do grievous bodily harm instead of attempted murder regarding Gobey. The appeal against conviction and sentence for murder failed, and the conviction on count 1 was altered to attempted murder...

Court Disposition

Appeal against conviction and sentence on count 2 (murder) fails. Appeal against conviction on count 1 (assault with intent to do grievous bodily harm) fails; conviction altered to attempted murder. Sentence on count 1 increased.

Orders

  • The appeal against conviction and sentence on count 2 is dismissed.
  • The appeal against conviction on count 1 is dismissed and the conviction is altered from assault with intent to commit grievous bodily harm to attempted murder.