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South Africa Case Law

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Criminal Law [2019] ZAKZPHC 46

Nxumalo v S (AR265/2017)

Nxumalo v S (AR265/2017) [2019] ZAKZPHC 46 (19 July 2019)

Court
Kwazulu-Natal High Court, Pietermaritzburg
Case number
AR265/2017
Judges
Henriques, Masipa

The court found that the appellant was properly convicted of the rape of a minor, as the evidence of the complainant and her sisters was satisfactory and corroborated by medical evidence. The procedural requirements for admonishing child witnesses were met. The trial court committed misdirections in sentencing by incorrectly finding substantial and compelling circumstances based on the absence of hymenal penetration and other neutral factors. The prescribed minimum sentence of life imprisonment was the starting point, but given the appellant's advanced age and status as a first offender, a se…

Source excerpt

  • Rape Of Minor
  • Minimum Sentencing Legislation
  • Condonation For Late Appeal
  • Admissibility Of Child Witness Evidence
  • Substantial And Compelling Circumstances
  • Sentencing Misdirection
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Criminal Law [2003] ZAWCHC 22

Lewis and Another v S (A387/2002)

Lewis and Another v S (A387/2002) [2003] ZAWCHC 22 (5 June 2003)

Court
Western Cape High Court, Cape Town
Case number
A387/2002
Judges
Yekiso, Hlophe

The court held that the magistrate did not commit an irregularity by admonishing the child witness to speak the truth without conducting a formal enquiry, as recent Supreme Court of Appeal decisions have established that such an enquiry is not always necessary and mere youthfulness may justify the presiding officer's opinion. On the merits, the evidence did not establish the first appellant's participation in the robbery beyond reasonable doubt, as there was no direct evidence linking him to the offence and the witness's references to him were vague and inconclusive. In contrast, the second a…

Source excerpt

  • Admissibility Of Child Witness Evidence
  • Robbery With Aggravating Circumstances
  • Standard Of Proof
  • Section 164 Criminal Procedure Act
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.