South Africa Case Law

Njango and Another v S (06/2016)

Njango and Another v S (06/2016) [2018] ZAFSHC 17 (27 February 2018)

Court

Free State High Court, Bloemfontein

Case number

06/2016

Judge

Rampai

The court found that the evidence against the applicant was overwhelming, consisting of corroborated witness testimony, objective cellular data, and physical evidence linking the applicant to the offences. The applicant and his co-accused opted not to testify, leaving the prosecution case unchallenged and justifying an adverse inference. The court held that the only reasonable inference was that the applicant was guilty beyond reasonable doubt. Regarding sentence, the court found no substantial and compelling circumstances to deviate from the prescribed minimum sentence for count 16 and that…

Source excerpt

• Leave To Appeal
• Minimum Sentencing
• Circumstantial Evidence
• Adverse Inference From Silence
• Theft Of Copper Cables

Ndlovu v S (A216/2017)

Ndlovu v S (A216/2017) [2018] ZAGPJHC 16 (15 February 2018)

Court

South Gauteng High Court, Johannesburg

Case number

A216/2017

Judges

B A Mashile, D Fisher

High Court criminal appeal on identity evidence in a robbery conviction; appeal dismissed and the conviction upheld.

• Robbery With Aggravating Circumstances
• Identification Evidence
• Dock Identification
• Adverse Inference From Silence
• Onus Of Proof
• Criminal-law

Abdul and Another v S (A847/12)

Abdul and Another v S (A847/12) [2015] ZAGPPHC 483 (17 June 2015)

Court

North Gauteng High Court, Pretoria

Case number

A847/12

Judges

E Swartz, T A Maumela

High Court appeal in a robbery case: conviction upheld on corroborated identification evidence, but sentence was amended to run from the arrest date.

• Robbery With Aggravating Circumstances
• Identification Evidence
• Minimum Sentencing
• Adverse Inference From Silence
• Credibility Of Single Witness
• Criminal-appeal