S v Mkhize (7/86) [1986] ZASCA 83 (28 August 1986)

S v Mkhize (7/86) [1986] ZASCA 83 (28 August 1986)

The Supreme Court of Appeal found that the trial court had correctly convicted the appellant of murder based on credible State evidence and the establishment of intent. However, the trial court failed to give due weight to the irrational and motiveless nature of the shooting, which, together with evidence of alcohol consumption on Old Year's Eve, supported the probability that the appellant's mental faculties and judgment were impaired by intoxication. On a balance of probabilities, extenuating circumstances were established, warranting the alteration of the conviction to murder with extenuating circumstances and the substitution of the death sentence with imprisonment.

Citation
[1986] ZASCA 83
Parties
Appellant: Mhlanganyelwa Mkhize; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
28 August 1986
Case Number
7/86
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal upheld; conviction altered to murder with extenuating circumstances; death sentence set aside and replaced with imprisonment.
Judges
Trengove, Smalberger, Nicholas
Legal Topics
Murder, Extenuating Circumstances, Intoxication, Sentencing
Criminal Law Murder Extenuating Circumstances Intoxication Sentencing

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 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Mhlanganyelwa Mkhize

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the appellant was correctly convicted of murder.
  2. 2 Whether extenuating circumstances existed to reduce the appellant's moral blameworthiness and sentence.
  3. 3 Whether intoxication was established as an extenuating circumstance.

Ratio Decidendi

The Supreme Court of Appeal found that the trial court had correctly convicted the appellant of murder based on credible State evidence and the establishment of intent. However, the trial court failed to give due weight to the irrational and motiveless nature of the shooting, which, together with evidence of alcohol consumption on Old Year's Eve, supported the probability that the appellant's mental faculties and judgment were impaired by intoxication. On a balance of probabilities, extenuating circumstances were established, warranting the alteration of the conviction to murder with extenuating circumstances and the substitution of the death sentence with imprisonment.

Court Disposition

Appeal upheld; conviction altered to murder with extenuating circumstances; death sentence set aside and replaced with imprisonment.

Orders

  • The appeal succeeds.
  • The appellant's conviction is altered to murder with extenuating circumstances.