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Beaugan and Another v S (A156/2023) [2024] ZAGPJHC 478 (20 May 2024)
High Court appeal over murder, attempted murder, and firearm convictions. Premeditation was rejected, the first appellant’s sentence was reduced, and the second appellant’s sentence was suspended.
Marks and Another v S (A156/2023) [2024] ZAGPJHC 594 (20 May 2024)
The court found that the trial court misdirected itself by finding pre-meditation only at sentencing and not at conviction, and that the factual circumstances did not support a finding of pre-meditation. The murder was not planned but occurred in a fluid situation following an argument, and the evidence did not establish intent formed in advance. Accordingly, the minimum sentence for pre-meditated murder under section 51(1) of the Criminal Law Amendment Act did not apply; instead, section 51(2) was applicable. The court further found substantial and compelling circumstances justifying deviati…
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