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South Africa decisions
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Letlala v S (A71/2021) [2021] ZAFSHC 270 (5 November 2021)
Appeal against sentence dismissed. The High Court confirmed life imprisonment for rape and held that no substantial and compelling circumstances justified departure from minimum sentencing.
S v Harker (CC10/2019) [2020] ZAWCHC 43 (21 May 2020)
Sentencing judgment in a rape and abduction case. The court found no substantial and compelling circumstances, imposing 15 life terms and 30 years' imprisonment.
Schoombee and Others v Minister of Police and Another (2680/204; 992/2015; 994/2015; 995/2015; 996/2015) [2019] ZAECGHC 94 (1 October 2019)
The High Court awarded damages for wrongful arrest, detention, malicious prosecution, assault, and abduction arising from police conduct in Lady Grey and Senqu Municipality.
Swartz v S (A441/11) [2012] ZAWCHC 128 (1 February 2012)
Sentence appeal dismissed in a child rape and murder case. The court held that no substantial and compelling circumstances justified departure from mandatory minimum sentences.
S v Ruiters [2011] ZAWCHC 283; ; SS39/2010 (23 May 2011)
The High Court granted leave to appeal against convictions for abduction, rape and murder, finding reasonable prospects of a different outcome on circumstantial evidence.
Alam v S (A354/2010) [2011] ZAWCHC 226; 2011 (2) SACR 553 (WCC) (13 May 2011)
The court held that the appellant's appeal was properly before it due to the timing of the conviction and sentence, which fell within the period when persons sentenced to life imprisonment by a regional court could appeal without leave. On the merits, the court found that the complainant's evidence, supported by forensic and medical testimony, was credible and sufficient to prove the appellant's guilt beyond reasonable doubt for abduction and three counts of rape, but not for the fourth rape count in the hut. The court found that the magistrate misdirected himself by failing to consider the a…
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Jacobs v S (A684/2007) [2008] ZAWCHC 331 (28 November 2008)
The court found that the evidence did not establish that the third appellant had sexual intercourse with the complainant or indecently assaulted her, and his conviction on these charges was not justified. The principle of common purpose does not apply to rape and indecent assault, as these offences require personal physical conduct. The third appellant's version was corroborated by police witnesses, creating reasonable doubt regarding his involvement. The sentences imposed on the first and second appellants were excessive given their status as first offenders and the cumulative effect of the…
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