S v Masango en Andere (499/93, 510/93)
S v Masango en Andere (499/93, 510/93) [1997] ZASCA 40 (12 May 1997)
The court found that the evidence established that all appellants participated in the housebreaking and robbery, and that the circumstances were such that each foresaw the possibility of violence and death occurring during the commission of the robbery. The manner in which the crime was committed, including the cutting of telephone wires and binding of the deceased, indicated a premeditated plan to prevent resistance and call for help. The court held that the appellants acted with dolus eventualis and were correctly convicted of murder. However, following the Constitutional Court's decision i…
Source excerpt
- Dolus Eventualis
- Murder
- Housebreaking
- Robbery With Aggravating Circumstances
- Death Penalty
- Constitutional Invalidity Of Death Sentence