S v Singo (506/91) [1992] ZASCA 219; 1993 (2) SA 765 (AD); [1993] 1 All SA 465 (A) (27 November 1992)

S v Singo (506/91) [1992] ZASCA 219; 1993 (2) SA 765 (AD); [1993] 1 All SA 465 (A) (27 November 1992)

The court found that the appellant had actively participated in the initial assault on the deceased with the intent to kill, but subsequently withdrew from the scene after being injured and went home. There was at least a reasonable doubt that he continued to have the intent to kill after his withdrawal, and his actions indicated effective dissociation from the common purpose before the fatal injuries were inflicted. The court held that, in such circumstances, the appellant could not be convicted of murder but was guilty of attempted murder, as he had participated in the initial attack with the requisite intent.

Citation
[1992] ZASCA 219
Parties
Appellant: Mashithe Godfrey Singo; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
27 November 1992
Case Number
506/91
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal allowed. Conviction of murder set aside and replaced with conviction of attempted murder. Sentence reduced.
Judges
E M Grosskopf, Nienaber, Van Coller
Legal Topics
Common Purpose, Dissociation From Common Purpose, Attempted Murder, Murder, Intent, Active Association
Criminal Law Common Purpose Dissociation From Common Purpose Attempted Murder Murder Intent Active Association

Case Brief

Summary, issues, holding and outcome

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Parties

Mashithe Godfrey Singo

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the appellant effectively dissociated himself from the common purpose to kill the deceased before the fatal injuries were inflicted.
  2. 2 Whether the appellant could be convicted of murder or only of attempted murder given his discontinuance of participation in the assault.
  3. 3 Whether the appellant had the requisite intent to kill during his participation in the assault.

Ratio Decidendi

The court found that the appellant had actively participated in the initial assault on the deceased with the intent to kill, but subsequently withdrew from the scene after being injured and went home. There was at least a reasonable doubt that he continued to have the intent to kill after his withdrawal, and his actions indicated effective dissociation from the common purpose before the fatal injuries were inflicted. The court held that, in such circumstances, the appellant could not be convicted of murder but was guilty of attempted murder, as he had participated in the initial attack with the requisite intent.

Court Disposition

Appeal allowed. Conviction of murder set aside and replaced with conviction of attempted murder. Sentence reduced.

Orders

  • The conviction of murder is set aside and replaced with a conviction of attempted murder.
  • The sentence is set aside and replaced with five years' imprisonment, of which four years are suspended for five years on condition that the accused is not convicted of an offence involving violence to the person of another during the period of suspension and for which he is sentenced to imprisonment without the...