S v Shezi (33/85) [1985] ZASCA 8 (28 March 1985)

S v Shezi (33/85) [1985] ZASCA 8 (28 March 1985)

The Supreme Court of Appeal found that the trial court erred in failing to consider all relevant facts, including the prior killing of the appellant's brother-in-law by the deceased and the appellant's mental state influenced by alcohol and sudden provocation. The evidence established, on a balance of probabilities, that the appellant was affected by knowledge of the previous killing and that his actions were not premeditated but resulted from a loss of self-control. The cumulative effect of these circumstances rendered the appellant's conduct morally less blameworthy, constituting extenuating circumstances. Consequently, the trial court's finding and sentence were set aside and replaced...

Citation
[1985] ZASCA 8
Parties
Appellant: Meshack Mziwenkosi Shezi; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
28 March 1985
Case Number
33/85
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal upheld. Conviction amended to murder with extenuating circumstances. Sentence amended to twelve years' imprisonment.
Judges
CILLIé, HEFER, GALGUT
Legal Topics
Murder, Extenuating Circumstances, Sentencing, Self Defence, Onus of Proof
Criminal Law Murder Extenuating Circumstances Sentencing Self Defence Onus of Proof

Case Brief

Summary, issues, holding and outcome

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Parties

Meshack Mziwenkosi Shezi

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the trial court erred in finding that no extenuating circumstances were present in the commission of the murder.
  2. 2 Whether the sentence of death was appropriate given the facts and circumstances of the case.

Ratio Decidendi

The Supreme Court of Appeal found that the trial court erred in failing to consider all relevant facts, including the prior killing of the appellant's brother-in-law by the deceased and the appellant's mental state influenced by alcohol and sudden provocation. The evidence established, on a balance of probabilities, that the appellant was affected by knowledge of the previous killing and that his actions were not premeditated but resulted from a loss of self-control. The cumulative effect of these circumstances rendered the appellant's conduct morally less blameworthy, constituting extenuating circumstances. Consequently, the trial court's finding and sentence were set aside and replaced...

Court Disposition

Appeal upheld. Conviction amended to murder with extenuating circumstances. Sentence amended to twelve years' imprisonment.

Orders

  • The appeal is upheld.
  • The trial court's finding and conviction are amended to guilty of murder with extenuating circumstances.