S v Mkhonto (267/83) [1984] ZASCA 9 (8 March 1984)

S v Mkhonto (267/83) [1984] ZASCA 9 (8 March 1984)

The court found that the identification evidence of the appellant by Grace Mokaba, Elizabeth Leopeng, and Richard Mokaba was clear, credible, and supported by the circumstances. The confession was properly admitted, with documentary evidence confirming it was made on 4 June and not under duress as alleged by the appellant. The appellant's alibi was rejected as false and untruthful, based on contradictions and the impression made by the appellant and his wife in the witness box. The court held that the appellant and his companion went to the deceased's home to commit an armed robbery, were in possession of loaded firearms, and the appellant shot the deceased at least twice. The...

Citation
[1984] ZASCA 9
Parties
Appellant: Oupa Frank Mkhonto; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
8 March 1984
Case Number
267/83
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal dismissed; conviction and sentences confirmed.
Judges
Grosskopf, Rabie, Cillié, Nicholas, Smuts
Legal Topics
Identification Evidence, Admissibility of Confession, Alibi Defence, Extenuating Circumstances, Murder, Attempted Robbery
Criminal Law Identification Evidence Admissibility of Confession Alibi Defence Extenuating Circumstances Murder Attempted Robbery

Case Brief

Summary, issues, holding and outcome

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Parties

Oupa Frank Mkhonto

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the appellant was correctly identified as one of the attackers of the deceased.
  2. 2 Whether the confession made by the appellant was admissible.
  3. 3 Whether the appellant's alibi was credible.

Ratio Decidendi

The court found that the identification evidence of the appellant by Grace Mokaba, Elizabeth Leopeng, and Richard Mokaba was clear, credible, and supported by the circumstances. The confession was properly admitted, with documentary evidence confirming it was made on 4 June and not under duress as alleged by the appellant. The appellant's alibi was rejected as false and untruthful, based on contradictions and the impression made by the appellant and his wife in the witness box. The court held that the appellant and his companion went to the deceased's home to commit an armed robbery, were in possession of loaded firearms, and the appellant shot the deceased at least twice. The...

Court Disposition

Appeal dismissed; conviction and sentences confirmed.

Orders

  • The appeal is dismissed.
  • The conviction of murder without extenuating circumstances and attempted robbery with aggravating circumstances is confirmed.