S v Pekrer (276/93) [1994] ZASCA 72 (24 May 1994)

S v Pekrer (276/93) [1994] ZASCA 72 (24 May 1994)

The Supreme Court of Appeal found that, on the merits, the death sentences imposed on the appellant for the murder of two elderly victims during a robbery were the only appropriate sentences, given the brutality and premeditation of the crimes and the lack of substantial mitigating factors. However, due to the coming into force of the new Constitution, which raises questions about the constitutional validity of the death penalty and vests exclusive jurisdiction over such constitutional matters in the Constitutional Court, the Supreme Court of Appeal deferred final disposition of the appeal pending constitutional determination. The transitional provisions of the Constitution were...

Citation
[1994] ZASCA 72
Parties
Appellant: Collin Trevor Pekrer; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
24 May 1994
Case Number
276/93
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Final determination of the appeal against the death sentences is postponed pending the Constitutional Court's decision on the constitutional validity of the death penalty.
Judges
Van Heerden, F H Grosskopf, Harms
Legal Topics
Death Penalty, Constitutional Validity, Sentencing, Transitional Provisions
Criminal Law Constitutional Law Death Penalty Constitutional Validity Sentencing Transitional Provisions

Case Brief

Summary, issues, holding and outcome

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Parties

Collin Trevor Pekrer

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the imposition of the death penalty on the appellant is constitutionally valid under the new Constitution.
  2. 2 Whether the death sentences imposed are the only appropriate sentences given the facts of the case.
  3. 3 Whether the transitional provisions of the Constitution affect the validity or execution of the death sentences.

Ratio Decidendi

The Supreme Court of Appeal found that, on the merits, the death sentences imposed on the appellant for the murder of two elderly victims during a robbery were the only appropriate sentences, given the brutality and premeditation of the crimes and the lack of substantial mitigating factors. However, due to the coming into force of the new Constitution, which raises questions about the constitutional validity of the death penalty and vests exclusive jurisdiction over such constitutional matters in the Constitutional Court, the Supreme Court of Appeal deferred final disposition of the appeal pending constitutional determination. The transitional provisions of the Constitution were...

Court Disposition

Final determination of the appeal against the death sentences is postponed pending the Constitutional Court's decision on the constitutional validity of the death penalty.

Orders

  • The finalization of the appeal against the death sentences is postponed to a date to be determined by the Registrar in consultation with the Chief Justice.