S v Masemeni (304/95) [1997] ZASCA 34 (2 May 1997)

S v Masemeni (304/95) [1997] ZASCA 34 (2 May 1997)

The court found that the appellant was a willing participant in the housebreaking and robbery, having suggested the target and knowing that his co-accused was armed and likely to use the firearm. The appellant's version of acting under duress was rejected as improbable and unsupported by his earlier statement. The evidence established that the appellant foresaw the possibility of fatal consequences and continued with the criminal conduct, thus satisfying the requirements for murder by dolus eventualis. Regarding sentence, the court held that the death penalty imposed was invalid following the Constitutional Court's decision in S v Makwanyane, and that the matter should be referred back to...

Citation
[1997] ZASCA 34
Parties
Appellant: Amos Malesela Masemeni; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
2 May 1997
Case Number
304/95
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal against conviction for murder dismissed; appeal against death sentence upheld; death sentence set aside and matter remitted for re-sentencing.
Judges
Vivier, Olivier, Zulman
Legal Topics
Murder, Housebreaking, Armed Robbery, Unlawful Possession of Firearm, Sentence Review, Constitutional Invalidity of Death Penalty
Criminal Law Murder Housebreaking Armed Robbery Unlawful Possession of Firearm Sentence Review Constitutional Invalidity of Death Penalty

Case Brief

Summary, issues, holding and outcome

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Parties

Amos Malesela Masemeni

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the appellant's conviction for murder was correct.
  2. 2 Whether the death sentence imposed on the appellant is valid under the current constitutional dispensation.
  3. 3 Whether the appellant acted under duress or was a willing participant in the crimes.

Ratio Decidendi

The court found that the appellant was a willing participant in the housebreaking and robbery, having suggested the target and knowing that his co-accused was armed and likely to use the firearm. The appellant's version of acting under duress was rejected as improbable and unsupported by his earlier statement. The evidence established that the appellant foresaw the possibility of fatal consequences and continued with the criminal conduct, thus satisfying the requirements for murder by dolus eventualis. Regarding sentence, the court held that the death penalty imposed was invalid following the Constitutional Court's decision in S v Makwanyane, and that the matter should be referred back to...

Court Disposition

Appeal against conviction for murder dismissed; appeal against death sentence upheld; death sentence set aside and matter remitted for re-sentencing.

Orders

  • The appellant's appeal against his conviction for murder (count 2) is dismissed.
  • The appellant's appeal against the death sentence on count 2 is upheld and the death sentence is set aside.