Solomons v S (CA & R 21/2020) [2021] ZANCHC 4 (29 January 2021)

Solomons v S (CA & R 21/2020) [2021] ZANCHC 4 (29 January 2021)

The court found that the appellant did not act in self-defence when she stabbed the deceased, as the deceased posed no threat and carried no weapon at the time. The evidence of the single witness, Mr Meckock, was corroborated and reliable. The appellant's own evidence was inconsistent and lacked credibility. The trial magistrate correctly convicted the appellant of murder with intention in the form of dolus eventualis, as she subjectively foresaw the possibility of death resulting from her act and reconciled herself to that outcome. While the minimum sentence for murder is 15 years' imprisonment, the court found substantial and compelling circumstances in the appellant's personal history,...

Citation
[2021] ZANCHC 4
Parties
Appellant: Dawida Solomons; Respondent: The State
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
29 January 2021
Case Number
CA & R 21/2020
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal against conviction dismissed; conviction confirmed; appeal against sentence upheld; sentence substituted with eight years' imprisonment, three years suspended for five years on condition of no further violent offences.
Judges
Phatshoane, Nxumalo
Legal Topics
Murder, Dolus Eventualis, Self Defence, Minimum Sentence Act, Domestic Violence, Sentencing Principles
Criminal Law Murder Dolus Eventualis Self Defence Minimum Sentence Act Domestic Violence Sentencing Principles

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 19 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Dawida Solomons

Appellant

The State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the appellant acted in self-defence when stabbing the deceased.
  2. 2 Whether the trial court correctly convicted the appellant of murder with intention in the form of dolus eventualis.
  3. 3 Whether substantial and compelling circumstances existed to justify a deviation from the prescribed minimum sentence.

Ratio Decidendi

The court found that the appellant did not act in self-defence when she stabbed the deceased, as the deceased posed no threat and carried no weapon at the time. The evidence of the single witness, Mr Meckock, was corroborated and reliable. The appellant's own evidence was inconsistent and lacked credibility. The trial magistrate correctly convicted the appellant of murder with intention in the form of dolus eventualis, as she subjectively foresaw the possibility of death resulting from her act and reconciled herself to that outcome. While the minimum sentence for murder is 15 years' imprisonment, the court found substantial and compelling circumstances in the appellant's personal history,...

Court Disposition

Appeal against conviction dismissed; conviction confirmed; appeal against sentence upheld; sentence substituted with eight years' imprisonment, three years suspended for five years on condition of no further violent offences.

Orders

  • The appeal against the conviction of the appellant is dismissed.
  • The appellant's conviction is confirmed.