S v Mokgethi and Others (16/1989) [1989] ZASCA 105; [1990] 1 All SA 320 (A) (18 September 1989)

S v Mokgethi and Others (16/1989) [1989] ZASCA 105; [1990] 1 All SA 320 (A) (18 September 1989)

The court held that although the gunshot wound was a factual cause of the deceased's death, legal causation was not established. After the initial wound, the deceased received medical treatment and was discharged from hospital in a stable condition, provided he followed instructions to avoid pressure sores. His subsequent failure to adhere to medical advice led to the development of pressure sores, septicaemia, and ultimately death. The court found that the wound was no longer life-threatening at the time of discharge and that the deceased's conduct was objectively and relatively unreasonable, breaking the chain of causation. Therefore, the appellants could not be held liable for murder...

Citation
[1989] ZASCA 105
Parties
Appellant: Ismail Mokgethi; Appellant: Godfrey Nene; Appellant: Stpro Modis; Appellant: Moses Modibane; Appellant: Julian Thoke; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
18 September 1989
Case Number
16/1989
Procedural Posture
Criminal Appeal / Appeal Against Convictions and Sentences From the Transvaal Provincial Division
Outcome
Appeal upheld in part; convictions and death sentences for murder set aside and replaced with convictions for attempted murder and sentences of 10 years' imprisonment. Effective sentences on other counts reduced to 25 years' imprisonment for each appellant.
Judges
Van Heerden, Vivier, Steyn, Kumleben, Friedman
Legal Topics
Causation in Criminal Liability, Attempted Murder, Sentencing Principles, Novus Actus Interveniens
Criminal Law Causation in Criminal Liability Attempted Murder Sentencing Principles Novus Actus Interveniens

Case Brief

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Parties

Ismail Mokgethi

Appellant

Godfrey Nene

Appellant

Stpro Modis

Appellant

Moses Modibane

Appellant

Julian Thoke

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Convictions and Sentences From the Transvaal Provincial Division

Legal Issues

  1. 1 Whether the causal link between the gunshot wound inflicted during the robbery and the deceased's death over six months later was legally sufficient for murder liability.
  2. 2 Whether the deceased's own conduct in failing to follow medical instructions broke the chain of causation.
  3. 3 Whether the sentences imposed were excessive in the circumstances.

Ratio Decidendi

The court held that although the gunshot wound was a factual cause of the deceased's death, legal causation was not established. After the initial wound, the deceased received medical treatment and was discharged from hospital in a stable condition, provided he followed instructions to avoid pressure sores. His subsequent failure to adhere to medical advice led to the development of pressure sores, septicaemia, and ultimately death. The court found that the wound was no longer life-threatening at the time of discharge and that the deceased's conduct was objectively and relatively unreasonable, breaking the chain of causation. Therefore, the appellants could not be held liable for murder...

Court Disposition

Appeal upheld in part; convictions and death sentences for murder set aside and replaced with convictions for attempted murder and sentences of 10 years' imprisonment. Effective sentences on other counts reduced to 25 years' imprisonment for each appellant.

Orders

  • The convictions and death sentences for murder (count 3) are set aside and replaced with convictions for attempted murder and sentences of 10 years' imprisonment for each appellant.
  • Three years of the 10-year sentence for attempted murder and all other sentences are to run concurrently with the 18-year sentence imposed for robbery (count 2).