S v Ndlovu (219/83) [1984] ZASCA 34 (29 March 1984)

S v Ndlovu (219/83) [1984] ZASCA 34 (29 March 1984)

The court held that the conviction for attempted murder was correct, even though the victim was already deceased at the time the appellant inflicted the wounds. The court reasoned that the essence of attempt lies in the unlawful intent and the act performed towards committing the crime, regardless of the factual impossibility of its completion. The protected legal interest—the life of a human being—was not actually threatened, but the appellant's conduct was in conflict with the community's sense of justice and legal policy. Comparative law and South African precedent support the view that factual impossibility does not absolve criminal liability for attempt. The appeal against conviction...

Citation
[1984] ZASCA 34
Parties
Appellant: Samson Ndlovu; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
29 March 1984
Case Number
219/83
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
The appeal against conviction is dismissed.
Judges
Rabie, Jansen, Corbett, Joubert, Hefer
Legal Topics
Attempted Murder, Impossibility in Criminal Law, Mens Rea, Actus Reus
Criminal Law Attempted Murder Impossibility in Criminal Law Mens Rea Actus Reus

Case Brief

Summary, issues, holding and outcome

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Parties

Samson Ndlovu

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether a person can be convicted of attempted murder when the victim was already deceased at the time of the alleged act.
  2. 2 Whether factual impossibility constitutes a defence to a charge of attempt under South African law.
  3. 3 Whether the trial court erred in convicting the appellant of attempted murder.

Ratio Decidendi

The court held that the conviction for attempted murder was correct, even though the victim was already deceased at the time the appellant inflicted the wounds. The court reasoned that the essence of attempt lies in the unlawful intent and the act performed towards committing the crime, regardless of the factual impossibility of its completion. The protected legal interest—the life of a human being—was not actually threatened, but the appellant's conduct was in conflict with the community's sense of justice and legal policy. Comparative law and South African precedent support the view that factual impossibility does not absolve criminal liability for attempt. The appeal against conviction...

Court Disposition

The appeal against conviction is dismissed.

Orders

  • The conviction of attempted murder is confirmed.
  • The appeal is dismissed.