S v Mkhize (364/90) [1990] ZASCA 152 (29 November 1990)

S v Mkhize (364/90) [1990] ZASCA 152 (29 November 1990)

The court held that, under the new statutory framework, the death sentence may only be imposed if it is the only proper sentence, reserved for exceptionally serious cases. In this matter, the appellant's intense sense of grievance, lack of previous convictions, and absence of premeditation constituted significant mitigating factors. Although the attack involved multiple stab wounds and the appellant fetched a knife before the incident, these aggravating factors did not outweigh the mitigating circumstances. The court exercised its independent discretion and concluded that the death sentence was not the only proper sentence. Instead, a sentence of 20 years' imprisonment was appropriate...

Citation
[1990] ZASCA 152
Parties
Appellant: Zizwe Israel Mkhize; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
29 November 1990
Case Number
364/90
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal against sentence succeeds; death sentence set aside and replaced with 20 years' imprisonment.
Judges
Van Heerden, F H Grosskopf, Nicholas
Legal Topics
Murder, Extenuating Circumstances, Death Penalty, Mitigating Factors, Aggravating Factors, Sentencing Discretion
Criminal Law Murder Extenuating Circumstances Death Penalty Mitigating Factors Aggravating Factors Sentencing Discretion

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 3 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Zizwe Israel Mkhize

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether there were extenuating circumstances justifying a sentence less than death for the appellant convicted of murder.
  2. 2 Whether the death sentence is the only proper sentence in light of the new statutory framework for sentencing in murder cases.

Ratio Decidendi

The court held that, under the new statutory framework, the death sentence may only be imposed if it is the only proper sentence, reserved for exceptionally serious cases. In this matter, the appellant's intense sense of grievance, lack of previous convictions, and absence of premeditation constituted significant mitigating factors. Although the attack involved multiple stab wounds and the appellant fetched a knife before the incident, these aggravating factors did not outweigh the mitigating circumstances. The court exercised its independent discretion and concluded that the death sentence was not the only proper sentence. Instead, a sentence of 20 years' imprisonment was appropriate...

Court Disposition

Appeal against sentence succeeds; death sentence set aside and replaced with 20 years' imprisonment.

Orders

  • The sentence of death is set aside.
  • The appellant is sentenced to 20 (twenty) years' imprisonment.