s v Mloyi and Another (631/87) [1988] ZASCA 77 (1 June 1988)

s v Mloyi and Another (631/87) [1988] ZASCA 77 (1 June 1988)

The court found that the first appellant did hold the belief that the deceased was responsible for her lover's death and that this belief, particularly in a person of primitive mentality, could reduce her moral blameworthiness. Although she did not physically participate in the killing, she instigated it and did not dissociate herself from the actions of the other assailants. The cumulative effect of these factors warranted a finding of extenuating circumstances for the first appellant, justifying the substitution of a sentence of 15 years' imprisonment for the death penalty. In contrast, the second appellant's consumption of liquor was not significant, and he acted of his own volition,...

Citation
[1988] ZASCA 77
Parties
Appellant: Elizabeth Mloyi; Appellant: Richard Fano Shezi; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
1 June 1988
Case Number
631/87
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
The appeal of the first appellant is allowed in part; her conviction is confirmed but the sentence is set aside and replaced with 15 years' imprisonment. The appeal of the second appellant is dismissed.
Judges
Van Heerden, Kumleben, Viljoen
Legal Topics
Extenuating Circumstances, Murder, Sentencing, Moral Blamelessness
Criminal Law Extenuating Circumstances Murder Sentencing Moral Blamelessness

Case Brief

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Parties

Elizabeth Mloyi

Appellant

Richard Fano Shezi

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether extenuating circumstances existed for the first appellant in the commission of murder.
  2. 2 Whether extenuating circumstances existed for the second appellant in the commission of murder.
  3. 3 Whether the sentences imposed were appropriate given the circumstances.

Ratio Decidendi

The court found that the first appellant did hold the belief that the deceased was responsible for her lover's death and that this belief, particularly in a person of primitive mentality, could reduce her moral blameworthiness. Although she did not physically participate in the killing, she instigated it and did not dissociate herself from the actions of the other assailants. The cumulative effect of these factors warranted a finding of extenuating circumstances for the first appellant, justifying the substitution of a sentence of 15 years' imprisonment for the death penalty. In contrast, the second appellant's consumption of liquor was not significant, and he acted of his own volition,...

Court Disposition

The appeal of the first appellant is allowed in part; her conviction is confirmed but the sentence is set aside and replaced with 15 years' imprisonment. The appeal of the second appellant is dismissed.

Orders

  • The conviction of the first appellant is confirmed.
  • The sentence of death imposed on the first appellant is set aside and substituted with a sentence of 15 years' imprisonment.