S v Kubheka en 'n Ander (651/93, 421/94) [1995] ZASCA 18 (24 March 1995)

S v Kubheka en 'n Ander (651/93, 421/94) [1995] ZASCA 18 (24 March 1995)

The Supreme Court of Appeal found that the confession of the first appellant was inadmissible due to credible evidence of police threats and assaults, and the absence of a medical examination following his complaints. However, the discovery of the murder weapon in his home, corroborated by police testimony and ballistics evidence, provided sufficient proof of his involvement in the robbery and murder. The alibi presented by the first appellant and his spouse was found to be unreliable and contradicted by the objective evidence. The second appellant's confession was deemed admissible, as his own witnesses confirmed he had not complained of assault or improper influence, and the...

Citation
[1995] ZASCA 18
Parties
Appellant: Malefetsane J Kubheka; Appellant: Molalehi P Motlokoa; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
24 March 1995
Case Number
651/93, 421/94
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeals against convictions for robbery and murder dismissed for both appellants. Appeal against sentence for first appellant partially upheld; death sentence set aside and replaced with 17 years' imprisonment.
Judges
E M Grosskopf, Nienaber, Arr, Olivier
Legal Topics
Admissibility of Confession, Common Purpose, Murder, Robbery With Aggravating Circumstances, Firearms Control Act, Sentencing Guidelines
Criminal Law Admissibility of Confession Common Purpose Murder Robbery With Aggravating Circumstances Firearms Control Act Sentencing Guidelines

Case Brief

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Parties

Malefetsane J Kubheka

Appellant

Molalehi P Motlokoa

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the confessions made by the appellants were admissible as evidence.
  2. 2 Whether the appellants' involvement in the robbery and murder was proved beyond reasonable doubt.
  3. 3 Whether the sentences imposed by the trial court were appropriate under the circumstances.

Ratio Decidendi

The Supreme Court of Appeal found that the confession of the first appellant was inadmissible due to credible evidence of police threats and assaults, and the absence of a medical examination following his complaints. However, the discovery of the murder weapon in his home, corroborated by police testimony and ballistics evidence, provided sufficient proof of his involvement in the robbery and murder. The alibi presented by the first appellant and his spouse was found to be unreliable and contradicted by the objective evidence. The second appellant's confession was deemed admissible, as his own witnesses confirmed he had not complained of assault or improper influence, and the...

Court Disposition

Appeals against convictions for robbery and murder dismissed for both appellants. Appeal against sentence for first appellant partially upheld; death sentence set aside and replaced with 17 years' imprisonment.

Orders

  • The appeals of both appellants against convictions on counts 1 (robbery) and 2 (murder) are dismissed.
  • The appeal of the second appellant against sentences imposed on counts 1 and 2 is dismissed.