S v Alam

• Jurisdiction: South Africa
• Judge: Dhlodhlo ADJP
• Judgment Date: 07 June 2006
• Citation: 2006 (2) SACR 613 (Ck)
• Docket Number: 6/2006
• Hearing Date: 06 June 2006
• Counsel: F Kruger for the State. B Jakavula for the accused.
• Court: Ciskei High Court

S v Alam
2006 (2) SACR 613 (Ck)

2006 (2) SACR p613

Citation	2006 (2) SACR 613 (Ck)
Case No	6/2006
Court	Ciskei High Court
Judge	Dhlodhlo ADJP
Heard	June 6, 2006
Judgment	June 7, 2006
Counsel	F Kruger for the State.; B Jakavula for the accused.

Flynote : Sleutelwoorde B

Murder — Sentence — Imposition of — Factors to be taken into account — Murder committed in order to obtain human blood for sale to traditional healer for ritual purposes — Belief in witchcraft possibly constituting extenuating circumstance, but no evidence in casu that accused holding such belief — Offence committed for personal gain, but not premeditated — Accused having C consumed liquor before committing offence — Accused clearly remorseful, having handed himself over and pleaded guilty, and deserving of mercy — Sentence of 15 years' imprisonment, of which three conditionally suspended, imposed.

Headnote : Kopnota

The accused had pleaded guilty in a High Court to one count each of murder and rape, and was duly convicted. The evidence showed that the D accused had stabbed the deceased, well aware that this could lead to his death, in order to obtain some of the latter's blood which, in turn, he proposed to sell to a traditional healer who wanted human blood for ritual purposes. After stabbing the deceased he had raped the deceased's wife. Two months later the accused handed himself over to the police who, at that point, had not identified anyone as a suspect. E It further appeared that he had committed the offences after consuming liquor. The Court proceeded to consider sentence.

Held, that Courts took a serious view of ritual murders. (Paragraph [14] at 616d.) F

Held, further, that, as a review of authorities showed, a belief in witchcraft might have an extenuating effect where an accused acted in the belief that he was averting an evil, but the same could not be said to exist where the crime was committed for personal gain. In the present case, while the murder had not been premeditated, and while poverty may have played a role, there was no evidence that the accused believed in witchcraft when he stabbed the deceased. It seemed, further, that he had been driven by lust to rape the deceased's wife. G (Paragraphs [15] - [19] at 616e - 617f.)

Held, further, that in determining an appropriate sentence the court should not be over-influenced by the seriousness of the offence, and so fail to consider other factors. It was to be accepted that the accused was extremely remorseful and deserving of mercy; on the other hand, it was necessary to impose a sentence that would send H the message that such crimes would not be tolerated. On the count of murder an appropriate sentence was one of 15 years' imprisonment, of which three years were conditionally suspended; on the count of rape, ten years' imprisonment, of which five years were conditionally suspended. (Paragraphs [20] - [25] at 617f - 618d.) I

Annotations:

Cases cited

Reported cases

S v Fass 1980 (4) SA 102 (C): referred to

S v Harrison 1970 (3) SA 684 (A): dictum at 686A applied

S v Kumalo 1973 (3) SA 697 (A): referred to

S v Malaza 1990 (1) SACR 357 (A): compared J

2006 (2) SACR p614

S v Modisafife 1980 (3) SA 860 (A): compared A

S v Roux 1975 (3) SA 190 (A): referred to

S v Sibanda 1975 (1) SA 966 (RA): compared

S v Sparks and Another 1972 (3) SA 396 (A): referred to

S v V 1972 (3) SA 611 (A): dictum at 614D applied

S v Van der Westhuizen 1974 (4) SA 61 (C): dictum at 66D - E applied. B

Case Information

Sentence proceedings in a criminal trial on charges of murder and rape. The facts appear from the reasons for judgment.

F Kruger for the State.

B Jakavula for the accused.

Cur adv vult. C

Postea (June 7).

Judgment

Dhlodhlo ADJP:

D [1] The accused, a 36-year-old male person of Mngqesha village, outside King William's Town, was convicted after pleading guilty to two offences, namely, murder and rape.

[2] The circumstances which surround the commission of the offences are as follows: E

[2.1]

During November 2004 the accused was in the Queenstown area where he met a certain man who was introduced to him by a friend. F

[2.2]

The man introduced himself to the accused as a traditional healer and told the accused that he needed human blood so that he could perform a ritual. The court was not informed what the ritual would be.

[2.3]

The traditional healer persuaded the accused to get him the blood and promised him an amount of seven thousand rand cash if G he found him the required blood.

[2.4]

The accused was then unmarried and not in permanent employment but made a living by doing odd jobs. He had, up to that stage of his life, not had this amount. The drive to get the money was therefore very powerful. H

[2.5]

On 26 November 2004 the accused and his wife visited a friend in Mdantsane near East London. The friend offered them some drinks and left them enjoying their drinks at a shebeen. I

[2.6]

At some stage they were drinking with the deceased in his shack. The deceased's wife was lying on a mattress on the floor of the...