S v Sibisi (135/88) [1989] ZASCA 75 (1 June 1989)

S v Sibisi (135/88) [1989] ZASCA 75 (1 June 1989)

The court found that the appellant's account, though untrustworthy in parts, could not be rejected beyond reasonable doubt as false regarding his lack of intention to kill. The evidence did not establish dolus directus or dolus eventualis for attempted murder. The appellant's actions were not proven to be aimed at killing the complainant, and the possibility of accidental injury could not be excluded. The conviction and sentence for attempted murder were therefore not justified.

Citation
[1989] ZASCA 75
Parties
Appellant: M M Sibisi; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
1 June 1989
Case Number
135/88
Procedural Posture
Criminal Appeal / Final Appellate Decision
Outcome
Appeal allowed; conviction and sentence set aside.
Judges
Botha, Kumleben, F H Grosskopf
Legal Topics
Attempted Murder, Mens Rea, Dolus Eventualis, Self Defence, Competent Verdicts
Criminal Law Attempted Murder Mens Rea Dolus Eventualis Self Defence Competent Verdicts

Case Brief

Summary, issues, holding and outcome

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Parties

M M Sibisi

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Final Appellate Decision

Legal Issues

  1. 1 Whether the appellant intended to kill the complainant when firing the shot.
  2. 2 Whether the appellant acted in self-defence or with justification.
  3. 3 Whether the appellant's conduct amounted to attempted murder or a lesser offence.

Ratio Decidendi

The court found that the appellant's account, though untrustworthy in parts, could not be rejected beyond reasonable doubt as false regarding his lack of intention to kill. The evidence did not establish dolus directus or dolus eventualis for attempted murder. The appellant's actions were not proven to be aimed at killing the complainant, and the possibility of accidental injury could not be excluded. The conviction and sentence for attempted murder were therefore not justified.

Court Disposition

Appeal allowed; conviction and sentence set aside.

Orders

  • The appeal is allowed.
  • The conviction and sentence are set aside.