Mashile v S (A217/2023) [2024] ZAGPPHC 576 (26 June 2024)
Court
North Gauteng High Court, Pretoria
Case number
A217/2023
Judges
Neukircher, Baloyi-Mere
The High Court dismissed an appeal against a rape conviction, finding the trial court properly assessed the minor complainant’s evidence and supporting corroboration.
Accolla v Narandas (AR115/2021) [2022] ZAKZDHC 31 (8 April 2022)
Court
Kwazulu-Natal High Court, Durban
Case number
AR115/2021
Judges
Bedderson, Kruger, Masipa
The High Court upheld an appeal, set aside the earlier order, dissolved the parties’ property partnership, and ordered valuation, transfer, and payment terms.
Nkutha v S (A274/2020) [2021] ZAGPPHC 726 (4 November 2021)
Court
North Gauteng High Court, Pretoria
Case number
A274/2020
Judges
AC Basson, E Labuschagne
The court found no basis to interfere with the magistrate's findings on fact or credibility. The evidence of the State witnesses was corroborated by the post-mortem report and the circumstances of the assault. The appellant's version was found to be improbable and not reasonably possibly true. The magistrate correctly concluded that the appellant had the intention to kill the deceased, as he subjectively foresaw the possibility of death resulting from his actions but continued the assault. There was no misdirection or patent error in the proceedings, and the conviction was justified.
Nkomo v S (A60/18) [2020] ZAGPPHC 646 (23 October 2020)
Court
North Gauteng High Court, Pretoria
Case number
A60/18
Judges
N Skibi, CJ van der Westhuizen
The appeal court found no reason to upset the factual findings of the trial court regarding the appellant's conviction for robbery with aggravating circumstances. The identification evidence was credible, and the appellant was known to the complainants prior to the incident. Any contradictions in the state witnesses' evidence were immaterial and did not warrant rejection of their testimony. The trial court correctly applied the principles governing interference with factual findings and sentencing discretion. The sentence imposed—15 years' imprisonment with 5 years suspended—was appropriate g…
Mthimunye v S (A248/2018) [2020] ZAGPPHC 580 (10 September 2020)
Court
North Gauteng High Court, Pretoria
Case number
A248/2018
Judges
Tlhapi VV, Raulinga TJ, Basson AC
The High Court upheld an appeal against conviction for murder and robbery, finding the identification evidence unreliable and the State’s circumstantial case insufficient.
Pholo v S (A207/2016) [2018] ZAFSHC 107 (7 June 2018)
Court
Free State High Court, Bloemfontein
Case number
A207/2016
Judges
J P Daffue, M A Mathebula
The High Court dismissed an appeal against a theft conviction, holding that the circumstantial evidence excluded any reasonable inference other than guilt.
Mdubane v S (CA & R 97/17) [2018] ZANCHC 58 (18 May 2018)
Court
Northern Cape High Court, Kimberley
Case number
CA & R 97/17
Judges
Pakati, Stanton
The High Court upheld an appeal against conviction and sentence for possession of suspected stolen copper cable, finding the appellant’s version reasonably possibly true.
T.K v S (A873/2016) [2018] ZAGPPHC 515 (17 April 2018)
Court
North Gauteng High Court, Pretoria
Case number
A873/2016
Judges
M J Teffo, H M Msimang
The High Court upheld a rape appeal, finding the trial court failed to properly apply caution to single-witness evidence and that consent remained reasonably possible.