S v Moremi and Others (68/88) [1988] ZASCA 69 (27 May 1988)

S v Moremi and Others (68/88) [1988] ZASCA 69 (27 May 1988)

The court found that the fifth appellant, on his own version, foresaw the possibility of killing the bus driver when he fired the third shot and was reckless as to the outcome. The evidence established that the fifth appellant was the only person who could have taken the money from the bus driver's compartment, and the robbery was planned. The trial court was justified in rejecting the appellants' version as false. There was insufficient evidence to link the second and fourth appellants to the robbery, and their convictions were set aside. The sentences imposed for attempted robbery were not unreasonable. The death sentence for the fifth appellant was upheld, as no mitigating...

Citation
[1988] ZASCA 69
Parties
Appellant: David Moremi; Appellant: Zacharia Moremi; Appellant: George Mokhele; Appellant: David Maqhubu; Appellant: Sarel Mechanic Malokase; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
27 May 1988
Case Number
68/88
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
The appeal by the fifth appellant against his conviction for murder and the finding of no mitigating circumstances is dismissed. The appeal by the second and fourth appellants against their convictions and sentences for attempted robbery succeeds. The appeal by the first, third, and fifth appellants against their...
Judges
Hoexter, Vivier, Boshoff
Legal Topics
Murder, Robbery With Aggravating Circumstances, Unlawful Possession of Firearm, Sentencing, Appeal Procedure
Criminal Law Murder Robbery With Aggravating Circumstances Unlawful Possession of Firearm Sentencing Appeal Procedure

Case Brief

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Parties

David Moremi

Appellant

Zacharia Moremi

Appellant

George Mokhele

Appellant

David Maqhubu

Appellant

Sarel Mechanic Malokase

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the convictions for murder and attempted robbery with aggravating circumstances were justified.
  2. 2 Whether the sentences imposed, including the death penalty, were appropriate.
  3. 3 Whether the evidence supported the involvement of each appellant in the crimes.

Ratio Decidendi

The court found that the fifth appellant, on his own version, foresaw the possibility of killing the bus driver when he fired the third shot and was reckless as to the outcome. The evidence established that the fifth appellant was the only person who could have taken the money from the bus driver's compartment, and the robbery was planned. The trial court was justified in rejecting the appellants' version as false. There was insufficient evidence to link the second and fourth appellants to the robbery, and their convictions were set aside. The sentences imposed for attempted robbery were not unreasonable. The death sentence for the fifth appellant was upheld, as no mitigating...

Court Disposition

The appeal by the fifth appellant against his conviction for murder and the finding of no mitigating circumstances is dismissed. The appeal by the second and fourth appellants against their convictions and sentences for attempted robbery succeeds. The appeal by the first, third, and fifth appellants against their...

Orders

  • The conviction and sentence of the fifth appellant for murder are confirmed.
  • The convictions and sentences of the second and fourth appellants for attempted robbery are set aside.