S v Mkhise and Others (42/87) [1987] ZASCA 41 (12 May 1987)

S v Mkhise and Others (42/87) [1987] ZASCA 41 (12 May 1987)

The court considered whether the trial courts had properly convicted the appellants of murder and whether extenuating circumstances were present in each case. It found that, except for Mkhise, extenuating circumstances justified sentences of imprisonment rather than death. In Mkhise's case, the death sentence was imposed but subsequently reprieved under section 326(1) of the Criminal Procedure Act. The appellate division confirmed the convictions and sentences, finding no misdirection or error in the trial courts' reasoning or application of the law.

Citation
[1987] ZASCA 41
Parties
Appellant: Jabulani Mkhise; Appellant: Joshua Mosia; Appellant: Johannes Jones; Appellant: Jan Andries Le Roux; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
12 May 1987
Case Number
42/87
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeals dismissed; convictions and sentences confirmed.
Judges
Jansen, Joubert, Viljoen, Boshoff, Kumleben
Legal Topics
Murder, Extenuating Circumstances, Sentencing, Death Penalty, Criminal Procedure Act
Criminal Law Murder Extenuating Circumstances Sentencing Death Penalty Criminal Procedure Act

Case Brief

Summary, issues, holding and outcome

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Parties

Jabulani Mkhise

Appellant

Joshua Mosia

Appellant

Johannes Jones

Appellant

Jan Andries Le Roux

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the convictions for murder were justified on the evidence.
  2. 2 Whether extenuating circumstances existed in each case to justify a sentence other than death.
  3. 3 Whether the sentences imposed, including the death penalty, were appropriate in light of the findings.

Ratio Decidendi

The court considered whether the trial courts had properly convicted the appellants of murder and whether extenuating circumstances were present in each case. It found that, except for Mkhise, extenuating circumstances justified sentences of imprisonment rather than death. In Mkhise's case, the death sentence was imposed but subsequently reprieved under section 326(1) of the Criminal Procedure Act. The appellate division confirmed the convictions and sentences, finding no misdirection or error in the trial courts' reasoning or application of the law.

Court Disposition

Appeals dismissed; convictions and sentences confirmed.

Orders

  • The appeals of all appellants are dismissed.
  • The convictions and sentences imposed by the trial courts are confirmed.