S v Mokoena (405/90) [1991] ZASCA 78 (30 May 1991)

S v Mokoena (405/90) [1991] ZASCA 78 (30 May 1991)

The appellate court found that the trial court was justified in accepting the State witnesses' evidence, despite the medical evidence regarding the appellant's physical incapacity. The inconsistencies were understandable given the circumstances, and there was no credible basis for finding a conspiracy among the witnesses. The absence of Zwane as a witness did not materially affect the strength of the State's case. On the issue of intent, the court held that the medical evidence did not conclusively establish direct intent to kill (dolus directus), but at least dolus eventualis was present, which constitutes murder. Regarding sentence, the court found that the death penalty was not the...

Citation
[1991] ZASCA 78
Parties
Appellant: Boy Mokoena; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
30 May 1991
Case Number
405/90
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal against convictions dismissed; appeal against death sentence upheld and substituted with life imprisonment; appeal against sentence for indecent assault dismissed.
Judges
E M Grosskopf, Eksteen, F H Grosskopf
Legal Topics
Murder, Sexual Offences, Sentencing, Dolus Eventualis, Credibility of Witnesses
Criminal Law Murder Sexual Offences Sentencing Dolus Eventualis Credibility of Witnesses

Case Brief

Summary, issues, holding and outcome

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Parties

Boy Mokoena

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the appellant's conviction for murder and indecent assault was justified.
  2. 2 Whether the imposition of the death penalty was appropriate in the circumstances.
  3. 3 Whether the evidence of the State witnesses was credible given the medical evidence regarding the appellant's physical incapacity.

Ratio Decidendi

The appellate court found that the trial court was justified in accepting the State witnesses' evidence, despite the medical evidence regarding the appellant's physical incapacity. The inconsistencies were understandable given the circumstances, and there was no credible basis for finding a conspiracy among the witnesses. The absence of Zwane as a witness did not materially affect the strength of the State's case. On the issue of intent, the court held that the medical evidence did not conclusively establish direct intent to kill (dolus directus), but at least dolus eventualis was present, which constitutes murder. Regarding sentence, the court found that the death penalty was not the...

Court Disposition

Appeal against convictions dismissed; appeal against death sentence upheld and substituted with life imprisonment; appeal against sentence for indecent assault dismissed.

Orders

  • The appeal against the convictions is dismissed.
  • The appeal against the death sentence for murder succeeds; the sentence is substituted with life imprisonment.