S v Mkhize (56/91) [1991] ZASCA 133 (27 September 1991)

S v Mkhize (56/91) [1991] ZASCA 133 (27 September 1991)

The Supreme Court of Appeal held that, following the abolition of the death penalty and the elimination of extenuating circumstances under the Criminal Law Amendment Act 107 of 1990, the court must consider the sentence afresh, balancing aggravating and mitigating factors. The murder was brutal and deliberate, but the evidence of a clinical psychologist indicated the appellant suffered from a mental disorder, which was accepted as a mitigating factor. The appellant's unsophisticated background and limited education were also considered, though given little weight. The aggravating factors, including previous convictions and the nature of the crime, outweighed the mitigating factors, but...

Citation
[1991] ZASCA 133
Parties
Appellant: Bongani Kheve Mkhize; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
27 September 1991
Case Number
56/91
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal upheld. Death sentence set aside and replaced with life imprisonment.
Judges
Corbett, Nicholas, Van Coller
Legal Topics
Murder, Sentencing, Mitigating Factors, Mental Disorder, Abolition of Death Penalty
Criminal Law Murder Sentencing Mitigating Factors Mental Disorder Abolition of Death Penalty

Case Brief

Summary, issues, holding and outcome

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Parties

Bongani Kheve Mkhize

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the death sentence is the only proper sentence for the appellant convicted of murder.
  2. 2 Whether mitigating factors, including mental disorder, justify a sentence other than death.
  3. 3 Whether the abolition of the death penalty and the elimination of extenuating circumstances under the Criminal Law Amendment Act 107 of 1990 affect the sentence.

Ratio Decidendi

The Supreme Court of Appeal held that, following the abolition of the death penalty and the elimination of extenuating circumstances under the Criminal Law Amendment Act 107 of 1990, the court must consider the sentence afresh, balancing aggravating and mitigating factors. The murder was brutal and deliberate, but the evidence of a clinical psychologist indicated the appellant suffered from a mental disorder, which was accepted as a mitigating factor. The appellant's unsophisticated background and limited education were also considered, though given little weight. The aggravating factors, including previous convictions and the nature of the crime, outweighed the mitigating factors, but...

Court Disposition

Appeal upheld. Death sentence set aside and replaced with life imprisonment.

Orders

  • The death sentence imposed on the appellant is set aside.
  • The appellant is sentenced to imprisonment for life.