S v Motaung and Others (190/88) [1990] ZASCA 75; 1990 (4) SA 485 (AD); [1990] 2 All SA 485 (A) (17 August 1990)

S v Motaung and Others (190/88) [1990] ZASCA 75; 1990 (4) SA 485 (AD); [1990] 2 All SA 485 (A) (17 August 1990)

The Supreme Court of Appeal held that the trial court erred in applying the doctrine of common purpose to convict all appellants of murder. The court clarified that a participant who joins a murderous assault after the victim has already sustained mortal injuries cannot be convicted of murder unless their actions causally contributed to death. The Schreiner rule, which would allow retrospective liability for murder based solely on participation while the victim is still alive, was rejected as contrary to South African criminal law principles. The court found that, except for two appellants (accused nos 3 and 8), the remaining appellants actively associated themselves with the mob's intent...

Citation
[1990] ZASCA 75
Parties
Appellant: Matlakala Elizabeth Motaung; Appellant: Sanna Twala; Appellant: Solomon Motsoagae; Appellant: Linda Alaxandra Hlophe; Appellant: Lorraine Zanele Sobuzi; Appellant: Phineas Maseko; Appellant: Priscilla Nthabiseng Moreme; Appellant: Daniel Mbokwane; Appellant: Siphiwe Goodboy Msipha; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
17 August 1990
Case Number
190/88
Procedural Posture
Criminal Appeal / Appeal Against Convictions and Sentences for Murder With Extenuating Circumstances
Outcome
Convictions for murder with extenuating circumstances set aside for all appellants. Accused no 3 acquitted. Accused no 8 convicted of common assault. Accused nos 1, 2, 4, 5, 9, 10, and 11 convicted of attempted murder. Sentences reduced and suspended in part.
Judges
Hoexter, Smalberger, Milne, Friedman, Nienaber
Legal Topics
Common Purpose, Murder, Attempted Murder, Actus Reus, Mens Rea, Mob Violence
Criminal Law Common Purpose Murder Attempted Murder Actus Reus Mens Rea Mob Violence

Case Brief

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Parties

Matlakala Elizabeth Motaung

Appellant

Sanna Twala

Appellant

Solomon Motsoagae

Appellant

Linda Alaxandra Hlophe

Appellant

Lorraine Zanele Sobuzi

Appellant

Phineas Maseko

Appellant

Priscilla Nthabiseng Moreme

Appellant

Daniel Mbokwane

Appellant

Siphiwe Goodboy Msipha

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Convictions and Sentences for Murder With Extenuating Circumstances

Legal Issues

  1. 1 Whether the appellants were correctly convicted of murder with extenuating circumstances under the doctrine of common purpose.
  2. 2 Whether a late-comer to a murderous assault can be convicted of murder if the victim was already mortally wounded.
  3. 3 Whether the evidence established the requisite mens rea for murder or only for attempted murder.

Ratio Decidendi

The Supreme Court of Appeal held that the trial court erred in applying the doctrine of common purpose to convict all appellants of murder. The court clarified that a participant who joins a murderous assault after the victim has already sustained mortal injuries cannot be convicted of murder unless their actions causally contributed to death. The Schreiner rule, which would allow retrospective liability for murder based solely on participation while the victim is still alive, was rejected as contrary to South African criminal law principles. The court found that, except for two appellants (accused nos 3 and 8), the remaining appellants actively associated themselves with the mob's intent...

Court Disposition

Convictions for murder with extenuating circumstances set aside for all appellants. Accused no 3 acquitted. Accused no 8 convicted of common assault. Accused nos 1, 2, 4, 5, 9, 10, and 11 convicted of attempted murder. Sentences reduced and suspended in part.

Orders

  • Accused no 3 (Solomon Motsoagae): conviction and sentence set aside; acquitted.
  • Accused no 8 (Phineas Maseko): conviction reduced to common assault; sentenced to three months imprisonment wholly suspended for three years.