S v Khesi (493/91) [1992] ZASCA 122 (31 August 1992)

S v Khesi (493/91) [1992] ZASCA 122 (31 August 1992)

The court found that the appellant's claimed age was not credible in light of his criminal record, which included convictions dating back to when he would have been improbably young. Even if his age were accepted, his conduct did not reflect immaturity. The appellant's explanation that he acted out of fear was unsupported by the evidence and contradicted by witness testimony. The appellant's actions demonstrated a willingness to use lethal force to avoid arrest, and his criminal history showed a progression to more serious offences, unaffected by previous punishments. The aggravating factors, including the unlawful acquisition and use of a firearm and the callousness of the murder, far...

Citation
[1992] ZASCA 122
Parties
Appellant: Kholekile Khesi; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
31 August 1992
Case Number
493/91
Procedural Posture
Criminal Appeal / Appeal Against Sentence Following Conviction for Murder; Review of Death Sentence Under Amended Legislation
Outcome
Appeal dismissed; sentence of death confirmed.
Judges
Kumleben, Van den Heever, Van Coller
Legal Topics
Death Penalty Review, Mitigating and Aggravating Factors, Armed Robbery, Murder, Sentencing Principles
Criminal Law Death Penalty Review Mitigating and Aggravating Factors Armed Robbery Murder Sentencing Principles

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 4 Party arguments 2
Sign in to unlock

Parties

Kholekile Khesi

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence Following Conviction for Murder; Review of Death Sentence Under Amended Legislation

Legal Issues

  1. 1 Whether there were extenuating circumstances justifying a lesser sentence than death for the appellant.
  2. 2 Whether the appellant's age or manner of committing the offence constituted mitigating factors.
  3. 3 Whether aggravating factors outweighed any possible mitigation.

Ratio Decidendi

The court found that the appellant's claimed age was not credible in light of his criminal record, which included convictions dating back to when he would have been improbably young. Even if his age were accepted, his conduct did not reflect immaturity. The appellant's explanation that he acted out of fear was unsupported by the evidence and contradicted by witness testimony. The appellant's actions demonstrated a willingness to use lethal force to avoid arrest, and his criminal history showed a progression to more serious offences, unaffected by previous punishments. The aggravating factors, including the unlawful acquisition and use of a firearm and the callousness of the murder, far...

Court Disposition

Appeal dismissed; sentence of death confirmed.

Orders

  • The appeal is dismissed.
  • The sentence of death is confirmed.