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Conviction for murder upheld; death sentence invalid because statute prescribing death conflicted with constitutional limits, matter remitted for re-sentencing.
Criminal law – Murder (dolus directus) – circumstantial evidence and sexual assault causing death; Constitutional law – s 48 Right to life and death penalty limited to murder in aggravating circumstances; Statutory conflict – s 337 CP&E Act inconsistent with Constitution; Sentencing – death sentence invalid; remittal for re-sentencing in terms of law.
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