S v Makie (580/90) [1991] ZASCA 80 (30 May 1991)

S v Makie (580/90) [1991] ZASCA 80 (30 May 1991)

The court found no credible evidence that the appellant was under the influence of alcohol at the time of the offence. His background and education did not amount to mitigating circumstances, as illiteracy does not equate to lack of intelligence and his poor testimony was attributed to dishonesty rather than incapacity. The only mitigating factor was his clean criminal record, which was outweighed by the aggravating factors: a premeditated, brutal attack on elderly victims in their home, involving extreme violence and cruelty. The court held that, under the amended law, the death penalty remained the only appropriate sentence given the severity and circumstances of the crime.

Citation
[1991] ZASCA 80
Parties
Appellant: Mvuyo Makie; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
30 May 1991
Case Number
580/90
Procedural Posture
Criminal Appeal / Appeal Against Sentence and Finding of No Mitigating Circumstances
Outcome
Appeal dismissed; death sentence confirmed.
Judges
Joubert, Vivier, F H Grosskopf
Legal Topics
Sentencing, Mitigating and Aggravating Factors, Murder, Death Penalty, Criminal Procedure
Criminal Law Sentencing Mitigating and Aggravating Factors Murder Death Penalty Criminal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Mvuyo Makie

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence and Finding of No Mitigating Circumstances

Legal Issues

  1. 1 Whether there were any mitigating circumstances justifying a sentence less than the death penalty for murder.
  2. 2 Whether the appellant was under the influence of alcohol at the time of the offence.
  3. 3 Whether the appellant's background and intelligence constituted mitigating factors.

Ratio Decidendi

The court found no credible evidence that the appellant was under the influence of alcohol at the time of the offence. His background and education did not amount to mitigating circumstances, as illiteracy does not equate to lack of intelligence and his poor testimony was attributed to dishonesty rather than incapacity. The only mitigating factor was his clean criminal record, which was outweighed by the aggravating factors: a premeditated, brutal attack on elderly victims in their home, involving extreme violence and cruelty. The court held that, under the amended law, the death penalty remained the only appropriate sentence given the severity and circumstances of the crime.

Court Disposition

Appeal dismissed; death sentence confirmed.

Orders

  • The appeal is dismissed.
  • The sentence of death is confirmed.