S v Mako en Andere (60/84) [1984] ZASCA 60; [1984] 2 All SA 390 (A) ; 1984 (3) SA 677 (A) (25 May 1984)

S v Mako en Andere (60/84) [1984] ZASCA 60; [1984] 2 All SA 390 (A) ; 1984 (3) SA 677 (A) (25 May 1984)

The Supreme Court of Appeal found that the trial court had adopted an extremely cautious approach to the evidence, particularly that of the accomplice Kori, and had correctly evaluated the corroborating testimonies of other witnesses. The court held that the trial court's findings regarding the appellants' participation in the crimes were justified and that there was no merit in the appeals. Regarding the State's request to substitute the finding on extenuating circumstances, the court held that it lacked jurisdiction to do so, as this was a special function reserved for the triers of fact at trial. The appeals were dismissed and the sentences confirmed.

Citation
[1984] ZASCA 60
Parties
Appellant: Phamong Mako; Appellant: Sewa Chele; Appellant: Thabo Motaung; Appellant: Kanetsi Tsopane; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
25 May 1984
Case Number
60/84
Procedural Posture
Criminal Appeal / Appeal From Conviction and Sentence
Outcome
Appeals dismissed; convictions and sentences confirmed.
Judges
Kotzé, Viljoen, Smuts
Legal Topics
Murder, Robbery, Extenuating Circumstances, Assessment of Evidence, Appeal Jurisdiction
Criminal Law Murder Robbery Extenuating Circumstances Assessment of Evidence Appeal Jurisdiction

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Phamong Mako

Appellant

Sewa Chele

Appellant

Thabo Motaung

Appellant

Kanetsi Tsopane

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal From Conviction and Sentence

Legal Issues

  1. 1 Whether the evidence established beyond reasonable doubt that the four appellants were members of the gang and participated in the crimes committed during the raids.
  2. 2 Whether the trial court correctly found extenuating circumstances in respect of the murder convictions.
  3. 3 Whether the Supreme Court of Appeal has jurisdiction to substitute its own finding regarding extenuating circumstances for that of the trial court.

Ratio Decidendi

The Supreme Court of Appeal found that the trial court had adopted an extremely cautious approach to the evidence, particularly that of the accomplice Kori, and had correctly evaluated the corroborating testimonies of other witnesses. The court held that the trial court's findings regarding the appellants' participation in the crimes were justified and that there was no merit in the appeals. Regarding the State's request to substitute the finding on extenuating circumstances, the court held that it lacked jurisdiction to do so, as this was a special function reserved for the triers of fact at trial. The appeals were dismissed and the sentences confirmed.

Court Disposition

Appeals dismissed; convictions and sentences confirmed.

Orders

  • The appeals of all appellants are dismissed.
  • The convictions and sentences imposed by the trial court are confirmed.