Zakwe v S (A60/2012) [2013] ZAGPPHC 177 (14 June 2013)

Zakwe v S (A60/2012) [2013] ZAGPPHC 177 (14 June 2013)

The appeal court found that the trial court correctly accepted the evidence of the State witnesses, who consistently testified that the appellant assaulted the deceased, causing her death. The injuries sustained by the deceased were consistent with repeated assault and not with a fall, as claimed by the appellant. The appellant's version was found not to be reasonably possibly true, and the trial court's rejection of his account was justified. The court held that the appellant was guilty of murder committed with dolus eventualis, as the repeated assault demonstrated foresight of the possibility of death. Regarding sentence, the court agreed that no substantial and compelling circumstances...

Citation
[2013] ZAGPPHC 177
Parties
Appellant: Muzomusha Mzozozakwe Zakwe; Respondent: State
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
14 June 2013
Case Number
A60/2012
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal against conviction and sentence dismissed; conviction and sentence confirmed.
Judges
N.M. Mavundla, A.J. Bam
Legal Topics
Murder, Dolus Eventualis, Criminal Liability, Sentencing Principles, Criminal Procedure Act, Criminal Law Amendment Act
Criminal Law Murder Dolus Eventualis Criminal Liability Sentencing Principles Criminal Procedure Act Criminal Law Amendment Act

Case Brief

Summary, issues, holding and outcome

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Parties

Muzomusha Mzozozakwe Zakwe

Appellant

State

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 Whether the appellant's version is reasonably possibly true and entitles him to acquittal.
  2. 2 Whether the State proved the requisite intent for murder or whether culpable homicide should have been the verdict.
  3. 3 Whether the trial court erred in accepting the State witnesses' evidence and rejecting the appellant's version.

Ratio Decidendi

The appeal court found that the trial court correctly accepted the evidence of the State witnesses, who consistently testified that the appellant assaulted the deceased, causing her death. The injuries sustained by the deceased were consistent with repeated assault and not with a fall, as claimed by the appellant. The appellant's version was found not to be reasonably possibly true, and the trial court's rejection of his account was justified. The court held that the appellant was guilty of murder committed with dolus eventualis, as the repeated assault demonstrated foresight of the possibility of death. Regarding sentence, the court agreed that no substantial and compelling circumstances...

Court Disposition

Appeal against conviction and sentence dismissed; conviction and sentence confirmed.

Orders

  • The appeal on both conviction and sentence is dismissed.
  • The conviction and sentence of 15 years' imprisonment are confirmed.