S v Nango (245/89) [1990] ZASCA 123 (28 September 1990)

S v Nango (245/89) [1990] ZASCA 123 (28 September 1990)

The court found that the identification of the appellant as the person wielding the axe was reliable, based on the honest and focused observations of the police witnesses under favourable conditions. The appellant's conduct, advancing towards Welgemoed with the axe raised in a violent confrontation, constituted an execution act and not mere preparation. The only reasonable inference from the facts was that the appellant intended to strike Welgemoed with the axe, and in doing so, subjectively foresaw the possibility of causing death and recklessly accepted that risk (dolus eventualis). Therefore, the appellant was correctly convicted of attempted murder.

Citation
[1990] ZASCA 123
Parties
Appellant: Julius Nango; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
28 September 1990
Case Number
245/89
Procedural Posture
Criminal Appeal / Final Appellate Judgment
Outcome
Appeal dismissed; conviction and sentence confirmed.
Judges
Smalberger, Steyn, Grosskopf
Legal Topics
Attempted Murder, Identification Evidence, Dolus Eventualis
Criminal Law Attempted Murder Identification Evidence Dolus Eventualis

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Julius Nango

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the appellant was correctly identified as the person wielding the axe.
  2. 2 Whether the appellant's conduct constituted an attempt to commit a crime.
  3. 3 Whether the appellant had the requisite intent to kill (dolus eventualis).

Ratio Decidendi

The court found that the identification of the appellant as the person wielding the axe was reliable, based on the honest and focused observations of the police witnesses under favourable conditions. The appellant's conduct, advancing towards Welgemoed with the axe raised in a violent confrontation, constituted an execution act and not mere preparation. The only reasonable inference from the facts was that the appellant intended to strike Welgemoed with the axe, and in doing so, subjectively foresaw the possibility of causing death and recklessly accepted that risk (dolus eventualis). Therefore, the appellant was correctly convicted of attempted murder.

Court Disposition

Appeal dismissed; conviction and sentence confirmed.

Orders

  • The appeal is dismissed.
  • The conviction and sentence imposed by the trial court are confirmed.