S v Makarene (30/91) [1991] ZASCA 92 (2 September 1991)

S v Makarene (30/91) [1991] ZASCA 92 (2 September 1991)

The court found that, although the murder was not premeditated, the appellant and his co-accused acted with direct intent to kill the deceased after forcibly preventing his escape. The murder was executed with extreme brutality, involving multiple stab wounds and blunt force trauma, and was motivated by greed and bloodlust rather than necessity. The appellant's personal circumstances, including his impoverished background and lack of education, were considered but found not to have played a significant role in the commission of the crime. His previous conviction for vehicle theft and the absence of any rehabilitative effect from prior imprisonment further weighed against him. The court...

Citation
[1991] ZASCA 92
Parties
Appellant: Thomas Makarene; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
2 September 1991
Case Number
30/91
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
The appeal is dismissed. The death sentence is confirmed.
Judges
J F Hefer, Van den Heever, Harms, Krieger
Legal Topics
Murder, Sentencing, Death Penalty, Mitigating Factors, Aggravating Factors
Criminal Law Murder Sentencing Death Penalty Mitigating Factors Aggravating Factors

Case Brief

Summary, issues, holding and outcome

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Parties

Thomas Makarene

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the death sentence imposed on the appellant for murder was the only appropriate sentence in light of all mitigating and aggravating factors.
  2. 2 Whether the appellant's personal circumstances and background justified a lesser sentence.
  3. 3 Whether the murder was premeditated or committed with direct intent.

Ratio Decidendi

The court found that, although the murder was not premeditated, the appellant and his co-accused acted with direct intent to kill the deceased after forcibly preventing his escape. The murder was executed with extreme brutality, involving multiple stab wounds and blunt force trauma, and was motivated by greed and bloodlust rather than necessity. The appellant's personal circumstances, including his impoverished background and lack of education, were considered but found not to have played a significant role in the commission of the crime. His previous conviction for vehicle theft and the absence of any rehabilitative effect from prior imprisonment further weighed against him. The court...

Court Disposition

The appeal is dismissed. The death sentence is confirmed.

Orders

  • The appeal against the death sentence is dismissed.
  • The death sentence imposed by the trial court is confirmed.