Supreme Court of Appeal of South Africa - 1983 February

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2 judgments

Citation	Judgment date
February 1983
Oliphant v S (269/82) [1983] ZASCA 64 (25 February 1983) Sentence reduced where fatal stabbing was an immediate reaction to an unlawful assault and provocation. * Criminal law – Murder – Whether accused was original aggressor – effect of unlawful assault by deceased on accused's culpability. Criminal law – Mitigation – Provocation and intoxication as extenuating circumstances reducing sentence. Criminal procedure – Appeal against sentence – appellate intervention where trial court misdirected; substitution of sentence when court is at large.	25 February 1983
S v Khumalo (509 of 1982) [1983] ZASCA 5 (3 February 1983) A single, credible identification corroborated by injuries and conduct may safely support a robbery conviction and sentence. Criminal law – Robbery – Identification evidence – Single witness identification – reliability and opportunity to observe. Criminal law – Post‑offence conduct – Payment to complainant and negotiations – effect on credibility. Criminal procedure – Trial court’s credibility findings – appellate review of preference of witnesses. Sentence – Imprisonment for robbery – within discretion.	3 February 1983