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South Africa decisions
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S v Ndlangamandla [2023] ZAGPPHC 418; A145/2022 (24 April 2023)
High Court appeal against rape convictions and life sentence dismissed; delay in reporting and alleged false implication did not displace corroborated evidence.
Dlamini v S (AR208/2022) [2023] ZAKZPHC 17 (24 February 2023)
The High Court refused to interfere with sentence, but ordered the sentence on count 2 to run concurrently with count 1 after finding the offences were linked.
Moni v S (A816/2016) [2018] ZAGPPHC 719 (6 April 2018)
High Court appeal against a 5-year sentence for assault with intent to do grievous bodily harm was dismissed after finding no sentencing misdirection.
Ndlazi v S (CA&R272/2016) [2017] ZAECGHC 23 (23 February 2017)
The court held that the reasonable suspicion required by section 36 of the General Law Amendment Act may be formed at any time during the accused's possession of the goods, not necessarily before the goods are found. The appellant was unable to give a satisfactory account of his possession of the Samsung cellphone and bank cards, and the circumstances under which they were found justified the police officer's suspicion that they were stolen. The State proved all elements of the offence beyond reasonable doubt, and the conviction was upheld. However, the magistrate misdirected herself by placi…
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Dlamini v S (A125/2015) [2015] ZAFSHC 222 (12 November 2015)
The court found that, although the complainant's identification evidence had both favourable and unfavourable features, circumstantial evidence, including the testimony of accused number 1 and the appellant's failure to challenge incriminating evidence or testify, corroborated the complainant's account and undermined the appellant's alibi. The trial court did not materially misdirect itself regarding conviction, and the appeal against conviction was dismissed. However, the sentencing court erred by mechanically imposing the prescribed minimum sentence of life imprisonment without properly wei…
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Nieuwenhuizen v S (20339/14) [2015] ZASCA 90 (29 May 2015)
Appeal against a six-year sentence for six fraud counts was dismissed by majority, which found no material misdirection or shockingly inappropriate sentence.
Mene v S (A526/2012) [2012] ZAWCHC 358 (16 November 2012)
The court found no misdirection in the trial court's approach to sentencing. The trial court considered the appellant's personal circumstances, the seriousness of the offence, and the interests of the community. The sentence imposed was not shockingly, startlingly, or disturbingly inappropriate. The appeal against sentence was therefore dismissed and the conviction and sentence confirmed.
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Mamombe v S (A324/2012) [2012] ZAWCHC 300 (31 August 2012)
The High Court dismissed an appeal against a 20-year murder sentence, finding no substantial and compelling circumstances to justify interference.
Sifunda v S (CA&R123/09) [2009] ZAECGHC 89 (25 November 2009)
The court found that the magistrate correctly recognised the seriousness of the offence, noting that the appellant abused his position as a taxi driver to rob a vulnerable woman and that the crime was planned in advance. The appellant's personal circumstances did not outweigh the gravity of the offence. The magistrate did not misdirect himself in finding that no substantial and compelling circumstances existed to justify a departure from the prescribed minimum sentence. The sentence imposed was proportionate to the crime, the criminal, and the needs of society, and was not so severe as to ind…
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S v Jawa (A698/2007) [2008] ZAWCHC 202 (16 May 2008)
The High Court dismissed an appeal against conviction and 12-year sentence for robbery with aggravating circumstances, finding the alibi improbable and the evidence sufficient.
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