S v Hanana and Another (496/89) [1990] ZASCA 31 (29 March 1990)

S v Hanana and Another (496/89) [1990] ZASCA 31 (29 March 1990)

The Supreme Court of Appeal found that both appellants were correctly convicted of murder without extenuating circumstances. The evidence established that both participated willingly and fully in the robbery and assault, and that the death of Thomas was inseparable from their common purpose. The alleged consumption of liquor was not shown to have affected their mental state at the time of the murder, and neither appellant presented evidence of immaturity or a minor role sufficient to reduce moral blameworthiness. The trial court's finding of no extenuating circumstances was upheld, and the appeals against conviction and sentence were dismissed.

Citation
[1990] ZASCA 31
Parties
Appellant: Eric Hanana; Appellant: Kholekile Khesi; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
29 March 1990
Case Number
496/89
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeals dismissed; convictions and death sentences confirmed.
Judges
Joubert, Smalberger, Nicholas
Legal Topics
Murder, Extenuating Circumstances, Dolus Eventualis, Joint Enterprise
Criminal Law Murder Extenuating Circumstances Dolus Eventualis Joint Enterprise

Case Brief

Summary, issues, holding and outcome

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Parties

Eric Hanana

Appellant

Kholekile Khesi

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the appellants were correctly convicted of murder without extenuating circumstances.
  2. 2 Whether there were any extenuating circumstances to reduce the moral blameworthiness of the appellants.
  3. 3 Whether the trial court erred in sentencing both appellants to death.

Ratio Decidendi

The Supreme Court of Appeal found that both appellants were correctly convicted of murder without extenuating circumstances. The evidence established that both participated willingly and fully in the robbery and assault, and that the death of Thomas was inseparable from their common purpose. The alleged consumption of liquor was not shown to have affected their mental state at the time of the murder, and neither appellant presented evidence of immaturity or a minor role sufficient to reduce moral blameworthiness. The trial court's finding of no extenuating circumstances was upheld, and the appeals against conviction and sentence were dismissed.

Court Disposition

Appeals dismissed; convictions and death sentences confirmed.

Orders

  • The appeals against conviction and sentence are dismissed.
  • The convictions and sentences imposed by the trial court are confirmed.