S v Mashinini and Another (CC 75/85) [2003] ZANWHC 3 (28 January 2003)

S v Mashinini and Another (CC 75/85) [2003] ZANWHC 3 (28 January 2003)

The court found that the death sentences imposed on the appellants should be set aside in terms of section 1(3) of the Criminal Law Amendment Act 105 of 1997. The trial judge indicated that, but for the mandatory nature of the death penalty, he would have imposed a sentence of 20 years imprisonment or more for the first appellant and a lesser sentence for the second appellant. The facts revealed that the killing occurred during a robbery, and the deceased was a co-robber accidentally shot by the first appellant. Considering all circumstances, including the nature of the offence, the personal circumstances of the appellants, and the interests of society, the court advised that sentences of...

Citation
[2003] ZANWHC 3
Parties
Appellant: Johannes Stephen Mashinini; Appellant: Robert Moncho; Respondent: The State
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
28 January 2003
Case Number
CC 75/85
Procedural Posture
Criminal Law Advice / Advice to the President Under S 1(3)(a) of the Criminal Law Amendment Act 105 of 1997
Outcome
The court advised the President to set aside the death sentences and substitute them with terms of imprisonment: 20 years for the first appellant and 18 years for the second appellant, both antedated to 18 December 1985.
Judges
M.T.R. Mogoeng
Legal Topics
Death Penalty Substitution, Sentencing Discretion, Murder, Criminal Appeal, Criminal Law Amendment Act
Criminal Law Death Penalty Substitution Sentencing Discretion Murder Criminal Appeal Criminal Law Amendment Act

Case Brief

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Parties

Johannes Stephen Mashinini

Appellant

Robert Moncho

Appellant

The State

Respondent

Procedural Posture

Criminal Law Advice / Advice to the President Under S 1(3)(a) of the Criminal Law Amendment Act 105 of 1997

Legal Issues

  1. 1 Whether the death sentences imposed on the appellants should be substituted with terms of imprisonment under the Criminal Law Amendment Act 105 of 1997.
  2. 2 What appropriate sentences should be imposed considering the circumstances of the offence and the appellants.

Ratio Decidendi

The court found that the death sentences imposed on the appellants should be set aside in terms of section 1(3) of the Criminal Law Amendment Act 105 of 1997. The trial judge indicated that, but for the mandatory nature of the death penalty, he would have imposed a sentence of 20 years imprisonment or more for the first appellant and a lesser sentence for the second appellant. The facts revealed that the killing occurred during a robbery, and the deceased was a co-robber accidentally shot by the first appellant. Considering all circumstances, including the nature of the offence, the personal circumstances of the appellants, and the interests of society, the court advised that sentences of...

Court Disposition

The court advised the President to set aside the death sentences and substitute them with terms of imprisonment: 20 years for the first appellant and 18 years for the second appellant, both antedated to 18 December 1985.

Orders

  • The sentence of death imposed on both appellants is set aside.
  • The sentence of 20 years imprisonment is substituted for the first appellant.