S v Matthews en Andere (315/94, 288/94, 255/95) [1997] ZASCA 101 (21 November 1997)

S v Matthews en Andere (315/94, 288/94, 255/95) [1997] ZASCA 101 (21 November 1997)

The court found that the appellants, all members of the AWB, planned and executed a racially motivated attack involving murder, attempted murder, assault, robbery, and unlawful possession of firearms. The evidence established that the appellants acted with common purpose, associating themselves with the criminal enterprise and foreseeing the possibility of lethal violence. The convictions for murder, attempted murder, and related offences were upheld. The death sentences imposed by the trial court were set aside in light of the Constitutional Court's decision in S v Makwanyane, and the matters were remitted for appropriate sentencing. The court found that the sentences for assault and...

Citation
[1997] ZASCA 101
Parties
Appellant: PJ Matthews; Appellant: ML van der Schyff; Appellant: FJ Badenhorst; Appellant: ME Visser; Appellant: KH Meiring; Appellant: GJ Diedericks; Appellant: AF Visser; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
21 November 1997
Case Number
315/94, 288/94, 255/95
Procedural Posture
Criminal Appeal / Appeal Against Convictions and Sentences
Outcome
Appeals against convictions and sentences dismissed, except for the death sentences and certain terms of imprisonment, which were set aside or reduced.
Judges
Smalberger, Harms, Olivier
Legal Topics
Murder, Attempted Murder, Common Purpose, Sentencing, Robbery With Aggravating Circumstances, Unlawful Possession of Firearms
Criminal Law Murder Attempted Murder Common Purpose Sentencing Robbery With Aggravating Circumstances Unlawful Possession of Firearms

Case Brief

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Parties

PJ Matthews

Appellant

ML van der Schyff

Appellant

FJ Badenhorst

Appellant

ME Visser

Appellant

KH Meiring

Appellant

GJ Diedericks

Appellant

AF Visser

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Convictions and Sentences

Legal Issues

  1. 1 Whether the appellants were correctly convicted of murder, attempted murder, robbery with aggravating circumstances, assault with intent to do grievous bodily harm, and unlawful possession of firearms and ammunition.
  2. 2 Whether the principle of common purpose was correctly applied to the facts.
  3. 3 Whether the sentences imposed, including the death penalty and lengthy terms of imprisonment, were appropriate under the circumstances.

Ratio Decidendi

The court found that the appellants, all members of the AWB, planned and executed a racially motivated attack involving murder, attempted murder, assault, robbery, and unlawful possession of firearms. The evidence established that the appellants acted with common purpose, associating themselves with the criminal enterprise and foreseeing the possibility of lethal violence. The convictions for murder, attempted murder, and related offences were upheld. The death sentences imposed by the trial court were set aside in light of the Constitutional Court's decision in S v Makwanyane, and the matters were remitted for appropriate sentencing. The court found that the sentences for assault and...

Court Disposition

Appeals against convictions and sentences dismissed, except for the death sentences and certain terms of imprisonment, which were set aside or reduced.

Orders

  • The appeals against all convictions are dismissed.
  • The death sentences imposed on appellants 1, 2, 3, 4, 5, and 8 for murder are set aside and the matters are remitted to the trial court for appropriate sentencing.