S v Williams en 'n Ander (57/85) [1985] ZASCA 37 (24 May 1985)

S v Williams en 'n Ander (57/85) [1985] ZASCA 37 (24 May 1985)

The Supreme Court of Appeal found that the trial court did not err in its finding that there were no mitigating circumstances present in the commission of the murder. The evidence established that the attack was brutal, sustained, and not provoked by any conduct of the deceased that could amount to mitigation. The appellants failed to provide any factual basis for their submissions regarding provocation or lack of premeditation. The trial court's conclusion was reasonable and supported by the accepted evidence. Consequently, the appeal against the death sentences was dismissed.

Citation
[1985] ZASCA 37
Parties
Appellant: Alex Williams; Appellant: Johannes Goliath; Respondent: The State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
24 May 1985
Case Number
57/85
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal against the death sentences dismissed.
Judges
Joubert, Hoexter, Grosskopf
Legal Topics
Murder, Sentencing, Mitigating Circumstances, Onus of Proof
Criminal Law Murder Sentencing Mitigating Circumstances Onus of Proof

Case Brief

Summary, issues, holding and outcome

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Parties

Alex Williams

Appellant

Johannes Goliath

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 without mitigating circumstances.
  2. 2 Whether the trial court erred in finding no mitigating circumstances and imposing the mandatory death sentence.

Ratio Decidendi

The Supreme Court of Appeal found that the trial court did not err in its finding that there were no mitigating circumstances present in the commission of the murder. The evidence established that the attack was brutal, sustained, and not provoked by any conduct of the deceased that could amount to mitigation. The appellants failed to provide any factual basis for their submissions regarding provocation or lack of premeditation. The trial court's conclusion was reasonable and supported by the accepted evidence. Consequently, the appeal against the death sentences was dismissed.

Court Disposition

Appeal against the death sentences dismissed.

Orders

  • The appeal against the death sentences is dismissed.