S v Schutte and Another (41/90) [1993] ZASCA 14 (4 March 1993)

S v Schutte and Another (41/90) [1993] ZASCA 14 (4 March 1993)

The court found that the trial court was correct in rejecting the appellants' versions as not credible and accepting the evidence of the state's witnesses. The first appellant was found to have acted with the necessary intent to kill, as evidenced by the repeated and severe blows to the deceased's head, and his conduct before and after the assault. The second and third appellants were found to have participated in the assault and to have acted with joint intent. Their subsequent removal of the unconscious victim to a remote location was part of a joint enterprise to conceal the crime and did not constitute a novus actus interveniens. The sentences imposed were found to be appropriate,...

Citation
[1993] ZASCA 14
Parties
Appellant: André Mark Schutte; Appellant: Pieter Jacobus Koen; Appellant: Cornis Serfontein; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
4 March 1993
Case Number
41/90
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
The appeals against conviction and sentence were dismissed.
Judges
Harms, Van Heerden, Vivier
Legal Topics
Murder, Attempted Murder, Assault With Intent to Do Grievous Bodily Harm, Police Misconduct, Novus Actus Interveniens
Criminal Law Murder Attempted Murder Assault With Intent to Do Grievous Bodily Harm Police Misconduct Novus Actus Interveniens

Case Brief

Summary, issues, holding and outcome

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Parties

André Mark Schutte

Appellant

Pieter Jacobus Koen

Appellant

Cornis Serfontein

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the appellants were correctly convicted of murder, attempted murder, and assault with intent to do grievous bodily harm.
  2. 2 Whether the trial court erred in its assessment of the evidence and credibility of witnesses.
  3. 3 Whether the sentences imposed were appropriate given the circumstances.

Ratio Decidendi

The court found that the trial court was correct in rejecting the appellants' versions as not credible and accepting the evidence of the state's witnesses. The first appellant was found to have acted with the necessary intent to kill, as evidenced by the repeated and severe blows to the deceased's head, and his conduct before and after the assault. The second and third appellants were found to have participated in the assault and to have acted with joint intent. Their subsequent removal of the unconscious victim to a remote location was part of a joint enterprise to conceal the crime and did not constitute a novus actus interveniens. The sentences imposed were found to be appropriate,...

Court Disposition

The appeals against conviction and sentence were dismissed.

Orders

  • The appeals are dismissed.
  • The convictions and sentences imposed by the trial court are confirmed.