S v Kgwadi (168/94) [1997] ZASCA 17 (20 March 1997)

S v Kgwadi (168/94) [1997] ZASCA 17 (20 March 1997)

The Supreme Court of Appeal found that the appellant's confession and scene pointing-out were properly admitted as evidence, as there was no credible proof of coercion or undue influence. The appellant's version was found to be improbable and contradicted by other evidence. The court held that, although there was no direct evidence that the appellant personally inflicted the fatal injuries or played a leading role, he was a co-perpetrator in the murder, acting with at least dolus eventualis. He participated in the planning and execution of the robbery, was present at the scene, assisted in binding the victim, and drove the stolen vehicle away. The death sentence imposed was set aside in...

Citation
[1997] ZASCA 17
Parties
Appellant: Petrus Kgwadi; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
20 March 1997
Case Number
168/94
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal against conviction dismissed; appeal against death sentence upheld; death sentence set aside; matter remitted for re-sentencing.
Judges
Vivier, F H Grosskopf, Streicher
Legal Topics
Admissibility of Confession, Dolus Eventualis, Death Penalty, Appeal Procedure, Joint Enterprise
Criminal Law Admissibility of Confession Dolus Eventualis Death Penalty Appeal Procedure Joint Enterprise

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 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Petrus Kgwadi

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the appellant's confession and scene pointing-out were admissible as evidence.
  2. 2 Whether the appellant was correctly convicted of murder on the basis of dolus eventualis.
  3. 3 Whether the death sentence imposed was valid in light of constitutional developments.

Ratio Decidendi

The Supreme Court of Appeal found that the appellant's confession and scene pointing-out were properly admitted as evidence, as there was no credible proof of coercion or undue influence. The appellant's version was found to be improbable and contradicted by other evidence. The court held that, although there was no direct evidence that the appellant personally inflicted the fatal injuries or played a leading role, he was a co-perpetrator in the murder, acting with at least dolus eventualis. He participated in the planning and execution of the robbery, was present at the scene, assisted in binding the victim, and drove the stolen vehicle away. The death sentence imposed was set aside in...

Court Disposition

Appeal against conviction dismissed; appeal against death sentence upheld; death sentence set aside; matter remitted for re-sentencing.

Orders

  • The appellant's appeal against his conviction on count 1 (murder) is dismissed.
  • The appellant's appeal against the death sentence on count 1 is upheld and the death sentence is set aside.