S v N

• Jurisdiction: South Africa
• Judge: Dumbutshena JA
• Judgment Date: 30 July 1991
• Citation: 1992 (1) SACR 499 (TKA)
• Hearing Date: 30 July 1991
• Counsel: Miss A A Crutchfield for the appellant at the request of the Court L Mahlati for the State
• Court: Transkei Appellate Division

Dumbutshena JA:

The appellant was charged with two counts of rape contrary to s 96 of the Transkeian Penal Code Act 9 of 1983 (Tk) and with murder in contravention of s 84 of Act 9 of 1983. He first denied J committing rape but later

Dumbutshena JA

A changed his plea. He denied the charge of murder. He was convicted of rape and of murder with dolus eventualis. He was sentenced to 10 years' imprisonment and 25 years' imprisonment respectively.

The Court a quo ordered five years of the 10 year sentence to run concurrently with the sentence of 25 years. He was to serve an effective sentence of 30 years. During the course of the trial the appellant was B sentenced to four years' imprisonment for escaping from lawful custody.

On or about 24 July 1989 three people were waiting for lifts beside a road. There was a man and two ladies. The man and one lady were going to Qumbu. The other lady, the deceased in this case, was going to Mt Ayliff. A Ford Sierra sedan appeared on the scene. The three asked for a lift. They were given. The man and the other lady got off the motor C vehicle at Qumbu. The driver of the motor vehicle continued his journey with the deceased. In the vicinity of Mt Ayliff the deceased asked the driver to be dropped down. He continued driving and took a different direction. He stopped his car at a convenient spot. He walked to the passenger side of the car and pulled out the deceased. He then raped her.

After that he stabbed her several times with a knife. He then left the D deceased at the scene of the crime and drove away.

A police officer and his companion saw a person who was badly injured and covered in blood. She was in distress. She was in the Mt Ayliff district. They picked her up and drove her to Mt Ayliff Hospital. In the process she gave the police a description of the appellant and his motor vehicle. She died in hospital.

The following day they observed a motor vehicle driven by a person who E answered the description given to them by the deceased. The motor vehicle was a cream Ford Sierra. When they searched the vehicle they found deceased's property. The appellant admitted that he was the driver of the car. He was taken to the Umtata police station.

The motor vehicle was searched again. They found in it a sharp-pointed knife with a 12,5 cm blade, a blood-stained handkerchief, a purse, and a F ladies' handbag which was underneath the passenger seat. They also found a wallet, a briefcase and a suitcase which were in the boot of the car. The suitcase had various items of women's clothing. The appellant informed the police that the briefcase belonged to the deceased.

The police took the appellant to the scene of the crime. They discovered blood on the tarmac and a trail of blood leading to a spot G where they saw disturbed grass and ground, and a pool of blood.

For purposes of considering the appropriateness or otherwise of the sentences imposed by the learned Judge a quo a description of the injuries found on the deceased is helpful. Dr M K Hlekani conducted a post mortem examination on the body of the deceased. She found the following injuries. Three incised or stab wounds on the front left side of the chest wall. They measured 3,5 cm in length and 4 cm in depth; 3,5 H cm in length and 3 cm in depth; 3,5 cm in length and 1 cm in depth. At the front right side of the chest two injuries were found, both being 3,5 cm oval-shaped wounds. At the back left side of the chest wall were two incised wounds measuring respectively 7 cm in length and 2 cm in depth, and 8 cm in length and 2 cm in depth. There were according to the doctor's evidence, two fatal wounds, the stab wound to the front left I side of the chest wall measuring 3,5 cm in length and 4 cm in depth. The other was to the back left side of the chest wall. It measured 7 cm in length and 2 cm in depth.

Dr Hlekani was of the opinion that death was caused by internal bleeding from the haemothorax into the cavity of the left lung and intra-abdominal bleeding.

The question is why did the appellant attack the deceased so viciously after committing rape? There was no evidence that the deceased put up a J fight. The

Dumbutshena JA

A only reasonable inference to be drawn from the set of facts surrounding the commission of murder is that appellant wanted to...