S v Khumalo (155/93) [1994] ZASCA 9 (15 March 1994)

S v Khumalo (155/93) [1994] ZASCA 9 (15 March 1994)

The court found that, despite certain concerns regarding the reliability of the State's evidence and the presence of injuries on the appellant, the trial judge's credibility findings in favour of the State witnesses were justified. The appellant's allegations of assault and coercion were not sufficiently supported by the evidence, and the injuries could have been sustained prior to or after arrest, not necessarily in connection with the voluntariness of the admissions. The appellant's conduct at arrest and subsequent cooperation with the police supported the conclusion that his statements and pointings out were voluntary. The evidence established his guilt beyond reasonable doubt....

Citation
[1994] ZASCA 9
Parties
Appellant: Dan Khumalo; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
15 March 1994
Case Number
155/93
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
The appeal against conviction is dismissed. The appeal against the death sentence is upheld. The death sentence is set aside and replaced with 21 years imprisonment, to run concurrently with the sentence of 12 years imprisonment on the other counts.
Judges
Botha, Nestadt, Nicholas
Legal Topics
Admissibility of Confession, Voluntariness of Statements, Death Penalty, Murder, Robbery, Trial Within a Trial
Criminal Law Admissibility of Confession Voluntariness of Statements Death Penalty Murder Robbery Trial Within a Trial

Case Brief

Summary, issues, holding and outcome

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Parties

Dan Khumalo

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the appellant's extra-curial admissions and pointings out were admissible and made voluntarily.
  2. 2 Whether the appellant was correctly convicted of murder and robbery.
  3. 3 Whether the death sentence was appropriate given the appellant's age and circumstances.

Ratio Decidendi

The court found that, despite certain concerns regarding the reliability of the State's evidence and the presence of injuries on the appellant, the trial judge's credibility findings in favour of the State witnesses were justified. The appellant's allegations of assault and coercion were not sufficiently supported by the evidence, and the injuries could have been sustained prior to or after arrest, not necessarily in connection with the voluntariness of the admissions. The appellant's conduct at arrest and subsequent cooperation with the police supported the conclusion that his statements and pointings out were voluntary. The evidence established his guilt beyond reasonable doubt....

Court Disposition

The appeal against conviction is dismissed. The appeal against the death sentence is upheld. The death sentence is set aside and replaced with 21 years imprisonment, to run concurrently with the sentence of 12 years imprisonment on the other counts.

Orders

  • The appeal against the convictions is dismissed.
  • The appeal against the death sentence succeeds.