S v May and Others (594/92) [1993] ZASCA 91 (2 June 1993)

S v May and Others (594/92) [1993] ZASCA 91 (2 June 1993)

The court found that the circumstantial evidence established beyond reasonable doubt that all four appellants participated in a premeditated attack on the deceased, acting with a common purpose and foreseeing the likelihood of death. The coordinated conduct, knowledge of the firearm, and execution of the plan indicated that all appellants shared the intent to kill, at least in the form of dolus eventualis. The absence of direct intent did not mitigate their culpability, as the foresight of death was strong and nearly indistinguishable from direct intent. Regarding sentencing, the court held that the disparity between the death sentences for appellants 1 and 3 and the imprisonment...

Citation
[1993] ZASCA 91
Parties
Appellant: Meshack May; Appellant: Petrus Nkgwadi; Appellant: Hendrik Leeuw; Appellant: Daniël Magoda; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
2 June 1993
Case Number
594/92
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
The appeals against conviction for murder and against the death sentences imposed on appellants 1 and 3 are dismissed.
Judges
Hoexter, Smalberger, F H Grosskopf
Legal Topics
Murder, Robbery With Aggravating Circumstances, Common Purpose, Sentencing Disparity, Dolus Eventualis
Criminal Law Murder Robbery With Aggravating Circumstances Common Purpose Sentencing Disparity Dolus Eventualis

Case Brief

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Parties

Meshack May

Appellant

Petrus Nkgwadi

Appellant

Hendrik Leeuw

Appellant

Daniël Magoda

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the conviction of all four appellants for murder was justified on the evidence.
  2. 2 Whether the death sentences imposed on appellants 1 and 3 were appropriate given the disparity with sentences imposed on appellants 2 and 4.
  3. 3 Whether the absence of direct intent to kill constitutes a mitigating factor in sentencing.

Ratio Decidendi

The court found that the circumstantial evidence established beyond reasonable doubt that all four appellants participated in a premeditated attack on the deceased, acting with a common purpose and foreseeing the likelihood of death. The coordinated conduct, knowledge of the firearm, and execution of the plan indicated that all appellants shared the intent to kill, at least in the form of dolus eventualis. The absence of direct intent did not mitigate their culpability, as the foresight of death was strong and nearly indistinguishable from direct intent. Regarding sentencing, the court held that the disparity between the death sentences for appellants 1 and 3 and the imprisonment...

Court Disposition

The appeals against conviction for murder and against the death sentences imposed on appellants 1 and 3 are dismissed.

Orders

  • The appeal of all four appellants against their conviction for murder is dismissed.
  • The appeal of appellants 1 and 3 against the death sentences imposed on them is dismissed.