S v Mohane and Another (88/1988) [1989] ZASCA 57 (22 May 1989)

S v Mohane and Another (88/1988) [1989] ZASCA 57 (22 May 1989)

The court found that both appellants went to the deceased's farm with the intention to steal or rob. The evidence, including the testimony of Makosi and forensic findings, established that both appellants participated in the events leading to the deceased's death. The trial court correctly rejected the appellants' explanations as false and found that the second appellant inflicted the fatal stab wounds, while the first appellant assisted or held the deceased during the attack. The court held that both appellants foresaw the possibility of death resulting from their actions and were indifferent to that outcome. The doctrine of common purpose applied, making both appellants liable for...

Citation
[1989] ZASCA 57
Parties
Appellant: Johnny Abraham Mohane; Appellant: Almond Nofemela; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
22 May 1989
Case Number
88/1988
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeals dismissed. Convictions and sentences confirmed.
Judges
Van Heerden, Vivier, Kumleben
Legal Topics
Murder, Common Purpose, Credibility of Witnesses, Admissibility of Confession
Criminal Law Murder Common Purpose Credibility of Witnesses Admissibility of Confession

Case Brief

Summary, issues, holding and outcome

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Parties

Johnny Abraham Mohane

Appellant

Almond Nofemela

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the appellants were correctly convicted of murder under the doctrine of common purpose.
  2. 2 Whether the evidence established that both appellants participated in the killing.
  3. 3 Whether the trial court correctly rejected the appellants' explanations and accepted the State's version.

Ratio Decidendi

The court found that both appellants went to the deceased's farm with the intention to steal or rob. The evidence, including the testimony of Makosi and forensic findings, established that both appellants participated in the events leading to the deceased's death. The trial court correctly rejected the appellants' explanations as false and found that the second appellant inflicted the fatal stab wounds, while the first appellant assisted or held the deceased during the attack. The court held that both appellants foresaw the possibility of death resulting from their actions and were indifferent to that outcome. The doctrine of common purpose applied, making both appellants liable for...

Court Disposition

Appeals dismissed. Convictions and sentences confirmed.

Orders

  • The appeals of both appellants are dismissed.
  • The convictions and sentences imposed by the trial court are confirmed.