S v Khundulu and Another (127/90) [1991] ZASCA 15; [1991] 2 All SA 113 (A) (18 March 1991)

S v Khundulu and Another (127/90) [1991] ZASCA 15; [1991] 2 All SA 113 (A) (18 March 1991)

The court found that the appellants, together with a third accused, had jointly planned and executed a housebreaking with intent to rob and murder the Palvies. The evidence established that the plan was premeditated, and the appellants acted in concert, sharing a common purpose to commit robbery and murder. The...

Source-derived case information.

Citation
[1991] ZASCA 15
Parties
Appellant: Monwabisi Khundulu; Appellant: Nzemeni Danster; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
18 March 1991
Case Number
127/90
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeals against conviction and sentence dismissed.
Judges
Hoexter, Milne, Krieger
Legal Topics
Common Purpose, Housebreaking With Intent, Robbery With Aggravating Circumstances, Murder, Extenuating Circumstances, Death Penalty
Criminal Law Common Purpose Housebreaking With Intent Robbery With Aggravating Circumstances Murder Extenuating Circumstances Death Penalty

Source-derived case record

Summary, issues, holding and outcome

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Parties

Monwabisi Khundulu

Appellant

Nzemeni Danster

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the appellants were correctly convicted of housebreaking with intent to rob and murder.
  2. 2 Whether the requirements of common purpose were satisfied for the murder convictions.
  3. 3 Whether there were extenuating circumstances justifying a lesser sentence than death.

Ratio Decidendi

The court found that the appellants, together with a third accused, had jointly planned and executed a housebreaking with intent to rob and murder the Palvies. The evidence established that the plan was premeditated, and the appellants acted in concert, sharing a common purpose to commit robbery and murder. The court rejected the argument that there was no agreement to murder at the time of the first break-in, finding that the entire enterprise was methodically orchestrated and that the appellants foresaw the possibility of death resulting from their actions. The court held that the requirements for common purpose were satisfied, and the convictions for housebreaking with intent to rob...

Court Disposition

Appeals against conviction and sentence dismissed.

Orders

  • The appeals of both appellants against their convictions and sentences are dismissed.
  • The death sentences imposed on both appellants are confirmed.