R v Du Randt and Another

• Jurisdiction: South Africa
• Judge: Centlivres CJ, van Den Heever JA and Hoexter JA
• Judgment Date: 10 December 1953
• Citation: 1954 (1) SA 313 (A)
• Hearing Date: 08 December 1953
• Court: Appellate Division

Centlivres, C.J.:

The appellants were convicted of murder by VAN BLERK, G J., sitting with assessors in the Bethlehem Circuit Local Division and were sentenced to death. Leave was granted to them to appeal. Their appeal was dismissed, and the convictions and sentences were confirmed and it was intimated that reasons would be filed later. The following are the reasons for dismissing the appeal.

I do not propose to set out the facts in detail as they will be found in the full and careful judgment of the learned trial Judge. It appears H that the appellants hired a taxi in Johannesburg to convey them to Tweeling in the Orange Free State where they proposed to rob the Standard Bank. They left Johannesburg at 4.30 p.m. on 14th April and arrived at Tweeling at 8 p.m. on the same day. The taxi driver who was called for the Crown said that on the way to Tweeling the second appellant said to the first appellant

'Do you think it will be all right?'

Centlivres CJ

and the second appellant replied

'You've got nothing to worry about; I've been working on this for a long time.'

The taxi driver also stated that the first appellant

'said they were going to Tweeling to rob a bank - the Standard Bank; then he said he was going to go to the manager's house, and he said he would scare him with a knife, in order to get the keys; and he said to accused No. 2 that all he had to do was to watch the family.'

A The taxi driver gave the following answers to questions put to him in cross-examination:

'On the way from Johannesburg to Tweeling you got the impression that accused No. 2 did not know very much about the purpose of this business? . . .

Yes.

And you said that it was actually when you got near Tweeling that it was explained to him what his part would be. and also what accused No. 1 would actually do, and what you would do . .

That is right. B

When that was explained, can you remember whether accused No. 1 said to accused No. 2 that the bank manager was the type of person who would be easily frightened? . . .

Yes, there was something mentioned to that effect.

And that if they showed him the knife, he would be prepared to come along to the bank?. . .

Yes. C

That he was a timid type of person? . . .

Yes.

He said this at the stage when he was telling accused No. 2 that he was going to the house and threaten the bank manager? . . .

Yes.

And it appeared that he was very confident that it would work out that way? . . .

Yes.

Without any resistance? . . . D

Without any resistance at all.'

The taxi on its arival at Tweeling...