S v Shangase (108/86) [1986] ZASCA 102 (25 September 1986)

S v Shangase (108/86) [1986] ZASCA 102 (25 September 1986)

The appellate court held that the trial court was correct in rejecting the appellant's version as false beyond reasonable doubt and in accepting the evidence of the State witnesses regarding the circumstances of the stabbing. The appellant failed to provide any truthful or credible explanation for his conduct, and no evidence was presented to support the existence of extenuating circumstances. The court found that mere possibilities or speculation cannot form the basis for a finding of extenuating circumstances. The stabbing was described as a cold-blooded, senseless, and totally unwarranted act, and in the absence of any further information, the trial court's finding that no extenuating...

Citation
[1986] ZASCA 102
Parties
Appellant: Alfred Gebe Shangase; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
25 September 1986
Case Number
108/86
Procedural Posture
Criminal Appeal / Appeal Against Finding of No Extenuating Circumstances and Death Sentence on Count 3
Outcome
Appeal dismissed. The finding of no extenuating circumstances and the death sentence on count 3 are confirmed.
Judges
Trengove, Hoexter, Jacobs
Legal Topics
Murder, Extenuating Circumstances, Dolus Eventualis, Self Defence, Assessment of Evidence
Criminal Law Murder Extenuating Circumstances Dolus Eventualis Self Defence Assessment of Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Alfred Gebe Shangase

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Finding of No Extenuating Circumstances and Death Sentence on Count 3

Legal Issues

  1. 1 Whether the trial court erred in finding that there were no extenuating circumstances in respect of count 3.
  2. 2 Whether the death sentence was correctly imposed.
  3. 3 Whether the appellant's version regarding the circumstances of the stabbing should have been partially accepted.

Ratio Decidendi

The appellate court held that the trial court was correct in rejecting the appellant's version as false beyond reasonable doubt and in accepting the evidence of the State witnesses regarding the circumstances of the stabbing. The appellant failed to provide any truthful or credible explanation for his conduct, and no evidence was presented to support the existence of extenuating circumstances. The court found that mere possibilities or speculation cannot form the basis for a finding of extenuating circumstances. The stabbing was described as a cold-blooded, senseless, and totally unwarranted act, and in the absence of any further information, the trial court's finding that no extenuating...

Court Disposition

Appeal dismissed. The finding of no extenuating circumstances and the death sentence on count 3 are confirmed.

Orders

  • The appeal is dismissed.
  • The conviction and sentence on count 3 are confirmed.