S v Ndlovu (293/86) [1986] ZASCA 146 (28 November 1986)

S v Ndlovu (293/86) [1986] ZASCA 146 (28 November 1986)

The court held that the appellant was one of three men who attempted to rob the Caldeira shop and that he stabbed the deceased with intent to kill. The evidence did not support a plea of self-defence, as there was no indication of an unlawful attack by the deceased or unreasonable use of force. The appellant's versions were rejected as lies, and the court found no basis for extenuating circumstances. The conviction for murder without extenuating circumstances and the sentence were upheld.

Citation
[1986] ZASCA 146
Parties
Appellant: Attwell Ndlovu; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
28 November 1986
Case Number
293/86
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal dismissed. Conviction and sentence confirmed.
Judges
Viljoen, Nicholas, Nestadt
Legal Topics
Murder, Self Defence, Extenuating Circumstances, Criminal Procedure Act, Burden of Proof
Criminal Law Murder Self Defence Extenuating Circumstances Criminal Procedure Act Burden of Proof

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 4 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

Attwell Ndlovu

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the conviction of murder without extenuating circumstances was justified.
  2. 2 Whether the evidence supported a plea of self-defence.
  3. 3 Whether extenuating circumstances were present to mitigate the sentence.

Ratio Decidendi

The court held that the appellant was one of three men who attempted to rob the Caldeira shop and that he stabbed the deceased with intent to kill. The evidence did not support a plea of self-defence, as there was no indication of an unlawful attack by the deceased or unreasonable use of force. The appellant's versions were rejected as lies, and the court found no basis for extenuating circumstances. The conviction for murder without extenuating circumstances and the sentence were upheld.

Court Disposition

Appeal dismissed. Conviction and sentence confirmed.

Orders

  • The appeal is dismissed.
  • The conviction of murder without extenuating circumstances is confirmed.