S v Khumalo

• Jurisdiction: South Africa
• Judge: Colman J
• Judgment Date: 29 May 1968
• Court: Transvaal Provincial Division
• Hearing Date: 29 May 1968
• Citation: 1968 (4) SA 284 (T)

Colman, J.:

The question which now arises for decision is whether the crime committed by the accused, namely murder, was committed with G extenuating circumstances or not. The test for the presence of extenuating circumstances in a murder case was laid down in the judgment in the case of R v Fundakubi and Others, 1948 (3) SA 810 (AD), a judgment of the Appellate Division, in the course of which SCHREINER, J.A., expressed himself to this effect: That, in deciding whether there H are extenuating circumstances in a case of murder, no factor not too remote or too faintly or indirectly related to the commission of the crime, which bears upon the accused's moral blameworthiness in committing it, can be ruled out from consideration. I am unable to accept the suggestions made by counsel for the defence that there was provocation, or even a wrong but reasonable belief that the accused was in danger, because I believe the evidence of the State witnesses and disbelieve the accused's evidence. There are, however, certain other factors raised on his behalf which deserve consideration. It is pointed out that he has no previous convictions. Clearly that, in

Colman J

itself, cannot be...