S v Motshekgwa (424/92) [1993] ZASCA 95 (2 June 1993)

S v Motshekgwa (424/92) [1993] ZASCA 95 (2 June 1993)

The court found that the appellant was correctly convicted on all counts. The evidence, including his own admissions, the circumstances of the crimes, and the modus operandi, established his guilt beyond reasonable doubt for the murders and attempted murder. The psychiatric evidence did not demonstrate mental illness or diminished capacity at the time of the offences, but did raise questions about personality disorder. However, the State failed to discharge the burden of proving that the appellant's mental state did not constitute a mitigating factor. In light of legislative changes, the death sentences imposed by the trial court were set aside and replaced with life imprisonment for each...

Citation
[1993] ZASCA 95
Parties
Appellant: David Motshekgwa; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
2 June 1993
Case Number
424/92
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal against convictions and sentence for attempted murder dismissed; appeal against death sentences for murder upheld; death sentences set aside and replaced with life imprisonment on each count.
Judges
Joubert, F H Grosskopf, Nicholas
Legal Topics
Murder, Attempted Murder, Psychiatric Evidence, Sentencing, Diminished Responsibility
Criminal Law Murder Attempted Murder Psychiatric Evidence Sentencing Diminished Responsibility

Case Brief

Summary, issues, holding and outcome

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Parties

David Motshekgwa

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the appellant was correctly convicted of 14 counts of murder and one count of attempted murder.
  2. 2 Whether the death sentences imposed were appropriate in light of psychiatric evidence and legislative changes.
  3. 3 Whether the appellant's mental state constituted a mitigating factor in sentencing.

Ratio Decidendi

The court found that the appellant was correctly convicted on all counts. The evidence, including his own admissions, the circumstances of the crimes, and the modus operandi, established his guilt beyond reasonable doubt for the murders and attempted murder. The psychiatric evidence did not demonstrate mental illness or diminished capacity at the time of the offences, but did raise questions about personality disorder. However, the State failed to discharge the burden of proving that the appellant's mental state did not constitute a mitigating factor. In light of legislative changes, the death sentences imposed by the trial court were set aside and replaced with life imprisonment for each...

Court Disposition

Appeal against convictions and sentence for attempted murder dismissed; appeal against death sentences for murder upheld; death sentences set aside and replaced with life imprisonment on each count.

Orders

  • The appeal against convictions on counts 1 to 15 and the sentence on count 15 is dismissed.
  • The appeal against the death sentences on counts 1 to 14 is upheld.