S v Makie (414/89) [1990] ZASCA 9 (8 March 1990)

S v Makie (414/89) [1990] ZASCA 9 (8 March 1990)

The court found that the cumulative effect of the appellant's head injuries, resulting personality changes, emotional stress, family conflict, and provocation constituted extenuating circumstances. The psychiatric and psychological evidence established a probability of brain damage affecting the appellant's ability to control his actions. The court accepted that the death penalty was inappropriate and, considering the period already served in the death cell, imposed a reduced sentence of seven years' imprisonment for murder, to run concurrently with the four-year sentence for attempted murder.

Citation
[1990] ZASCA 9
Parties
Appellant: Thamsanqa Makie; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
8 March 1990
Case Number
414/89
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence; Application to Lead Further Evidence on Extenuating Circumstances
Outcome
Appeal upheld; death sentence set aside and replaced with seven years' imprisonment for murder, to run concurrently with four years' imprisonment for attempted murder.
Judges
Botha, Van Heerden, Goldstone
Legal Topics
Extenuating Circumstances, Murder, Attempted Murder, Death Penalty, Sentencing, Criminal Procedure Act
Criminal Law Extenuating Circumstances Murder Attempted Murder Death Penalty Sentencing Criminal Procedure Act

Case Brief

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Parties

Thamsanqa Makie

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence; Application to Lead Further Evidence on Extenuating Circumstances

Legal Issues

  1. 1 Whether extenuating circumstances existed to preclude the imposition of the death penalty for murder.
  2. 2 Whether the further evidence led after conviction justified a reduction in sentence.
  3. 3 What is the appropriate sentence in light of the new evidence and time already served.

Ratio Decidendi

The court found that the cumulative effect of the appellant's head injuries, resulting personality changes, emotional stress, family conflict, and provocation constituted extenuating circumstances. The psychiatric and psychological evidence established a probability of brain damage affecting the appellant's ability to control his actions. The court accepted that the death penalty was inappropriate and, considering the period already served in the death cell, imposed a reduced sentence of seven years' imprisonment for murder, to run concurrently with the four-year sentence for attempted murder.

Court Disposition

Appeal upheld; death sentence set aside and replaced with seven years' imprisonment for murder, to run concurrently with four years' imprisonment for attempted murder.

Orders

  • The death sentence imposed on the appellant for murder is set aside.
  • The appellant is sentenced to seven years' imprisonment for murder.