KZN man's prison sentence set aside

2014-04-18 08:00

(Shutterstock)

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

Johannesburg – A KwaZulu-Natal man's 15-year prison sentence for his involvement in a murder of his uncle was set aside by the Supreme Court of Appeal on Thursday.

Beenesh Dewnath approached the court after the KwaZulu-Natal High Court convicted him of murder.

William Themba Sithole pleaded guilty to the charge and testified during the trial that Dewnath's parents hired him to kill his uncle.

He said Dewnath was in another room during the negotiations but did say something - words which the High Court regarded as him encouraging Sithole to commit the crime.

In a unanimous judgment, the SCA found Dewnath's utterances to Sithole were insufficient to conclude that he acted in common purpose with his parents.

"The appellant's utterances are at best to be regarded as evidence that he had some knowledge of the plan that was in the process of being hatched to kill the deceased," the judgment read.

"However, his mere knowledge and approval of the commission of the murder does not suffice; proof of some form of active participation is required for a conviction on the charge."

The conviction and sentence were set aside.

Read more on:    durban  |  crime
NEXT ON NEWS24X

SHARE:

Read News24’s Comments Policy

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
10 comments
Add your comment
Comment 0 characters remaining

Inside News24

 
/News
Horoscopes
Aquarius
Aquarius

As the day warms up so does your enthusiasm and motivation towards a cause. You want to be socially significant in some way and...read more

There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.




Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.