Criminal procedure – refusal of discharge in terms of s 174 – court a quo did not act irregularly by refusing discharge – there was evidence on which a reasonable court might convict.

Criminal procedure – reopening of the State’s case – State failed to establish grounds for reopening – court a quo’s decision to allow reopening irregular (Mokgohloa AJA and Mbatha AJA dissenting).
Criminal procedure – whether State proved beyond reasonable doubt that appellant shot deceased and that deceased did not commit suicide – excluding evidence adduced pursuant to irregular reopening, such guilt established (Gorven AJA, Cachalia JA concurring, Rogers AJA dissenting)

On all the evidence, including evidence adduced pursuant to reopening, such guilt established (Mbatha AJA, Mokgohloa concurring).

Sentence – 12 years’ imprisonment strikingly inappropriate – mitigating circumstances, including prolonged abuse – appellant not a danger to society – matter remitted to trial court for reconsideration of sentence in terms of s 276(1)(h).