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South Africa Case Law

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Criminal Law [1999] ZASCA 96

S v Lungile and Another (493/98)

S v Lungile and Another (493/98) [1999] ZASCA 96; [2000] 1 All SA 179 (A) (30 November 1999)

Court
Supreme Court of Appeal
Case number
493/98
Judges
Olivier JA, Hefer JA, Harms JA

The court held that the First Appellant's defence of compulsion was not established, as there was no evidence of actual threat or imminent harm. His voluntary participation in the robbery, knowledge of firearms, and conduct during the crime established his association with the criminal purpose and the necessary dolus eventualis for murder. Mere departure from the scene did not constitute effective dissociation. The refusal to order separation of trials was justified, as compelling a co-accused to testify would infringe on the latter's rights and cause procedural complications. Regarding the S…

Source excerpt

  • Common Purpose
  • Dolus Eventualis
  • Compulsion
  • Dissociation
  • Separation Of Trials
  • Novus Actus Interveniens
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Criminal Law [1989] ZASCA 40

S v Lelempe and Another (315/88)

S v Lelempe and Another (315/88) [1989] ZASCA 40 (30 March 1989)

Court
Supreme Court of Appeal
Case number
315/88
Judges
Joubert, Steyn, Grosskopf

The court found that both appellants were actively involved in the abduction and assault of the deceased, acting with a common purpose. The defence of compulsion by first appellant was rejected as improbable and contradicted by witness testimony and his own statement. Second appellant's alibi was found to be fabricated and unsupported by evidence. The trial court's findings of credibility were upheld, and the evidence established beyond reasonable doubt that both appellants participated in the murder. Extenuating circumstances were found for first appellant based on psychiatric evidence of gr…

Source excerpt

  • Murder
  • Common Purpose
  • Extenuating Circumstances
  • Alibi
  • Compulsion
  • Sentencing Discretion
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Criminal Law [1988] ZASCA 146

S v Jantjies and Another (199/88)

S v Jantjies and Another (199/88) [1988] ZASCA 146 (24 November 1988)

Court
Supreme Court of Appeal
Case number
199/88
Judges
Botha, Kumleben, Nicholas

The court found that first appellant actively associated himself with the killing and robbery, and there was no reasonable possibility that he acted under compulsion. His conduct after the shooting confirmed participation in a pre-arranged plan. The defence of compulsion was rejected due to lack of credible evidence. Regarding second appellant, the court held that his youth, epilepsy, and background did not constitute extenuating circumstances. Medical evidence established that he was conscious and accountable at the time of the offence, and his role was dominant. The application to reopen th…

Source excerpt

  • Murder
  • Extenuating Circumstances
  • Compulsion
  • Admissibility Of Confessions
  • Youth As Mitigating Factor
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.