S v Mento en 'n Ander (275/94, 505/94) [1997] ZASCA 43 (20 May 1997)

S v Mento en 'n Ander (275/94, 505/94) [1997] ZASCA 43 (20 May 1997)

The court found that the second appellant's claim of duress was not credible when weighed against objective facts and witness testimony. Both appellants were present at the scene, had a friendly relationship, and acted together before and after the crime. Medical evidence indicated the use of two weapons, suggesting two attackers. The second appellant's conduct, including assisting in removing the vehicle and making a false exculpatory statement, supported the inference of active participation. The trial court erred in convicting the second appellant of theft rather than robbery, as the facts established a common purpose to rob. The death sentences imposed were invalid following the...

Citation
[1997] ZASCA 43
Parties
Appellant: P Mento; Appellant: M Barends; Respondent: Die Staat
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
20 May 1997
Case Number
275/94, 505/94
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal against conviction for murder by the second appellant dismissed; conviction for theft substituted with robbery; death sentences set aside; matter referred back for re-sentencing on murder charge.
Judges
Smalberger, Marais, Schutz
Legal Topics
Murder, Robbery With Aggravating Circumstances, Common Purpose, Appeal Procedure, Constitutional Invalidity of Death Penalty
Criminal Law Murder Robbery With Aggravating Circumstances Common Purpose Appeal Procedure Constitutional Invalidity of Death Penalty

Case Brief

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Parties

P Mento

Appellant

M Barends

Appellant

Die Staat

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the second appellant's conviction for murder and theft should be upheld.
  2. 2 Whether the second appellant acted under duress or was a willing participant.
  3. 3 Whether the death sentences imposed should be set aside in light of constitutional developments.

Ratio Decidendi

The court found that the second appellant's claim of duress was not credible when weighed against objective facts and witness testimony. Both appellants were present at the scene, had a friendly relationship, and acted together before and after the crime. Medical evidence indicated the use of two weapons, suggesting two attackers. The second appellant's conduct, including assisting in removing the vehicle and making a false exculpatory statement, supported the inference of active participation. The trial court erred in convicting the second appellant of theft rather than robbery, as the facts established a common purpose to rob. The death sentences imposed were invalid following the...

Court Disposition

Appeal against conviction for murder by the second appellant dismissed; conviction for theft substituted with robbery; death sentences set aside; matter referred back for re-sentencing on murder charge.

Orders

  • The second appellant's appeal against his conviction for murder is dismissed.
  • The second appellant's conviction for theft of toiletware and keys is substituted with robbery of a wristwatch, toiletware, and keys; his appeal against conviction on this count is otherwise dismissed.