S v Mathee (258/91) [1991] ZASCA 145 (11 November 1991)

S v Mathee (258/91) [1991] ZASCA 145 (11 November 1991)

The court found that the appellant's version of provocation was untrue and properly rejected by the trial court. The psychiatric evidence established only personality defects, not mental illness, and did not mitigate the seriousness of the offence. The appellant's prior conviction for double murder, committed with a knife, and his lack of remorse were significant aggravating factors. The court held that the death penalty remained the only appropriate sentence given the appellant's history, personality, and the brutal nature of the crime. The application to refer the matter back for further evidence was refused as it would not materially affect the outcome. The appeal against the death...

Citation
[1991] ZASCA 145
Parties
Appellant: Christiaan Johannes Mathee; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
11 November 1991
Case Number
258/91
Procedural Posture
Criminal Appeal / Appeal Against Sentence Following Reconsideration Under New Statutory Regime
Outcome
Appeal dismissed; death sentence confirmed.
Judges
E M Grosskopf, Eksteen, F H Grosskopf
Legal Topics
Murder, Sentencing, Extenuating Circumstances, Death Penalty, Psychiatric Evidence
Criminal Law Murder Sentencing Extenuating Circumstances Death Penalty Psychiatric Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Christiaan Johannes Mathee

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence Following Reconsideration Under New Statutory Regime

Legal Issues

  1. 1 Whether the death sentence imposed on the appellant for murder remains appropriate under the new statutory regime.
  2. 2 Whether extenuating circumstances exist to justify a lesser sentence than death.
  3. 3 Whether further evidence regarding the appellant's previous convictions and psychiatric condition should be admitted on appeal.

Ratio Decidendi

The court found that the appellant's version of provocation was untrue and properly rejected by the trial court. The psychiatric evidence established only personality defects, not mental illness, and did not mitigate the seriousness of the offence. The appellant's prior conviction for double murder, committed with a knife, and his lack of remorse were significant aggravating factors. The court held that the death penalty remained the only appropriate sentence given the appellant's history, personality, and the brutal nature of the crime. The application to refer the matter back for further evidence was refused as it would not materially affect the outcome. The appeal against the death...

Court Disposition

Appeal dismissed; death sentence confirmed.

Orders

  • The application for referral to the trial court for further evidence is refused.
  • The appeal against sentence is dismissed.