South Africa Case Law

S v Disten (106/87)

S v Disten (106/87) [1987] ZASCA 98 (24 September 1987)

Court

Supreme Court of Appeal

Case number

106/87

Judges

Joubert, Jacobs, Nicholas

The Supreme Court of Appeal found that the trial court misdirected itself by failing to properly consider whether the appellant's disadvantaged background, youth, and the influence of alcohol and drugs constituted extenuating circumstances. The trial court focused on the appellant's character and maturity at the time of trial, which was irrelevant to the assessment of extenuating circumstances at the time of the crime. The appellate court held that these factors, in their cumulative effect, did affect the appellant's state of mind and reduced his moral blameworthiness. Consequently, the findi…

Source excerpt

• Extenuating Circumstances
• Murder
• Sentencing
• Youth Offenders
• Influence Of Intoxicants

S v Sekgobela (309/86)

S v Sekgobela (309/86) [1987] ZASCA 3 (3 March 1987)

Court

Supreme Court of Appeal

Case number

309/86

Judges

Botha, Vivier, Steyn

The Appellate Division held there were no extenuating circumstances in a murder appeal and dismissed the appellant’s challenge to the death sentence.

• Extenuating Circumstances
• Murder Sentencing
• Influence Of Intoxicants
• Moral Blameworthiness
• Extenuating-circumstances
• Murder-sentencing