S v Mene and Another (349/86) [1988] ZASCA 66; [1988] 2 All SA 482 (A) (27 May 1988)

S v Mene and Another (349/86) [1988] ZASCA 66; [1988] 2 All SA 482 (A) (27 May 1988)

The Supreme Court of Appeal found that the evidence did not prove beyond reasonable doubt that the first appellant fired the shots that killed Manga and Mancam, but did establish that he fired recklessly at fleeing scholars, warranting convictions for attempted murder rather than murder. The second appellant's convictions for assault with intent to do grievous bodily harm were set aside due to unresolved discrepancies in the evidence, particularly the failure to recall a key witness to address contradictions. Both appellants were found to have deliberately laid a false trail by opening a false police docket and making false statements, with the intent to impede the investigation into the...

Citation
[1988] ZASCA 66
Parties
Appellant: Stanford Mene; Appellant: Butler Tungata; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
27 May 1988
Case Number
349/86
Procedural Posture
Criminal Appeal / Appeal Against Convictions and Sentences From Trial Court
Outcome
Appeal partially upheld. Convictions for murder substituted with attempted murder for the first appellant. Convictions for assault with intent to do grievous bodily harm against the second appellant set aside. Convictions for attempting to defeat the ends of justice confirmed for both appellants. Sentences adjusted...
Judges
Hoexter, Smalberger, Steyn
Legal Topics
Attempted Murder, Defeating the Ends of Justice, False Reporting, Police Misconduct, Criminal Procedure, Sentencing Principles
Criminal Law Attempted Murder Defeating the Ends of Justice False Reporting Police Misconduct Criminal Procedure Sentencing Principles

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 13 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Stanford Mene

Appellant

Butler Tungata

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Convictions and Sentences From Trial Court

Legal Issues

  1. 1 Whether the first appellant was correctly convicted of murder or should have been convicted of attempted murder.
  2. 2 Whether the second appellant was correctly convicted of assault with intent to do grievous bodily harm.
  3. 3 Whether both appellants were correctly convicted of attempting to defeat the ends of justice.

Ratio Decidendi

The Supreme Court of Appeal found that the evidence did not prove beyond reasonable doubt that the first appellant fired the shots that killed Manga and Mancam, but did establish that he fired recklessly at fleeing scholars, warranting convictions for attempted murder rather than murder. The second appellant's convictions for assault with intent to do grievous bodily harm were set aside due to unresolved discrepancies in the evidence, particularly the failure to recall a key witness to address contradictions. Both appellants were found to have deliberately laid a false trail by opening a false police docket and making false statements, with the intent to impede the investigation into the...

Court Disposition

Appeal partially upheld. Convictions for murder substituted with attempted murder for the first appellant. Convictions for assault with intent to do grievous bodily harm against the second appellant set aside. Convictions for attempting to defeat the ends of justice confirmed for both appellants. Sentences adjusted...

Orders

  • The convictions of the first appellant on counts 1 and 2 are reduced from murder with extenuating circumstances to attempted murder.
  • The convictions of the second appellant on counts 5 and 6 are quashed.