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South Africa Case Law

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Criminal Law [2025] ZAWCHC 221

S.M v S (Appeal) (A14/2025)

S.M v S (Appeal) (A14/2025) [2025] ZAWCHC 221 (27 May 2025)

Court
Western Cape High Court, Cape Town
Case number
A14/2025
Judges
J Cloete, N C De Jager

The court found the complainant to be a credible and reliable witness whose account was consistent and corroborated by her mother. The appellant's version of events was rejected as not reasonably possibly true, given his contradictions and the formal admissions made. The evidence established that the offences occurred on three separate occasions and that the complainant acted under threat and fear. The trial court correctly applied the law regarding consent, the evidence of a single witness, and the prescribed minimum sentence. No substantial and compelling circumstances were present to justi…

Source excerpt

  • Sexual Offences
  • Minimum Sentence Legislation
  • Evidence Of Single Witness
  • Consent In Sexual Offences
  • Child Victim
  • Appeal Against Conviction And Sentence
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Criminal Law [2024] ZAFSHC 35

Booysen and Others v S (A146/2022)

Booysen and Others v S (A146/2022) [2024] ZAFSHC 35 (9 February 2024)

Court
Free State High Court, Bloemfontein
Case number
A146/2022
Judges
Reinders, Buys

The appeal court found that the trial magistrate correctly evaluated the evidence, properly applied the cautionary rule to the single witness testimony, and made no misdirection in her findings. The complainant's identification of the appellants and account of the events were corroborated by common cause facts and prior acquaintance. The magistrate took a holistic view of the evidence, considered the seriousness of the offences, the lack of remorse, and the interests of the community. The sentences imposed were justified and not disproportionate. There was no basis for interference with eithe…

Source excerpt

  • Single Witness Evidence
  • Cautionary Rule
  • Assault With Intent To Do Grievous Bodily Harm
  • Kidnapping
  • Sentencing Principles
  • Appeal Against Conviction And Sentence
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Criminal Law [2018] ZAGPPHC 616

C.N v S (A851/15)

C.N v S (A851/15) [2018] ZAGPPHC 616 (4 May 2018)

Court
North Gauteng High Court, Pretoria
Case number
A851/15
Judges
LM Molopa-Sethosa, DB Tshabalala

The appeal court found that the trial court correctly evaluated the evidence, applied the cautionary rules for single child witnesses, and found the complainant to be credible and her evidence corroborated in material respects. The appellant's version of consensual intercourse and ignorance of his HIV status was rejected as inherently improbable and unsupported by the evidence. The aggravating factors, including repeated rape of a minor, exposure to HIV, lack of remorse, and previous convictions, outweighed any mitigating circumstances. The sentences imposed were in line with statutory minimu…

Source excerpt

  • Rape Of Minor
  • Minimum Sentences Act
  • Hiv Exposure
  • Credibility Of Single Witness
  • Sentencing Principles
  • Appeal Against Conviction And Sentence
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Criminal Law [2017] ZAGPJHC 55

Da Silva and Another v S (A303-2016)

Da Silva and Another v S (A303-2016) [2017] ZAGPJHC 55 (8 March 2017)

Court
South Gauteng High Court, Johannesburg
Case number
A303/2016
Judges
L R Adams, C Sardiwalla

The court found that the identification evidence was reliable and corroborated by the possession of stolen items and the circumstances of the arrests. The discrepancies raised by the appellants were not material and did not undermine the overall reliability of the State's case. The evidence established joint possession of the firearm, as the appellants acted in concert with the armed accomplice and intended to exercise control through him. The trial court's findings were upheld, and there was no basis for interfering with the convictions or sentences, which were neither irregular nor unduly h…

Source excerpt

  • Robbery With Aggravating Circumstances
  • Attempted Robbery
  • Unlawful Possession Of Firearm
  • Identification Evidence
  • Joint Possession
  • Appeal Against Conviction And Sentence
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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.