S v Mkhize (56/91)
S v Mkhize (56/91) [1991] ZASCA 133 (27 September 1991)
The Supreme Court of Appeal held that, following the abolition of the death penalty and the elimination of extenuating circumstances under the Criminal Law Amendment Act 107 of 1990, the court must consider the sentence afresh, balancing aggravating and mitigating factors. The murder was brutal and deliberate, but the evidence of a clinical psychologist indicated the appellant suffered from a mental disorder, which was accepted as a mitigating factor. The appellant's unsophisticated background and limited education were also considered, though given little weight. The aggravating factors, inc…
Source excerpt
- Murder
- Sentencing
- Mitigating Factors
- Mental Disorder
- Abolition Of Death Penalty