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South Africa decisions
Decisions matching the current search
Ceboni v S (SS25/2023) [2024] ZAGPJHC 1172 (19 November 2024)
The High Court granted condonation for a late leave to appeal application, but refused leave on most counts, granting it only for count 4.
Lunga and Others v S (A250/2023) [2024] ZAWCHC 259 (20 May 2024)
The Court found that the State failed to prove beyond reasonable doubt that the first to third appellants jointly possessed the firearms and ammunition. Mere knowledge or acquiescence to the use of firearms during the robbery does not satisfy the requirements for joint possession. The convictions and sentences on counts 4 and 5 for the first to third appellants were set aside. Regarding sentencing on count 2, the trial court found substantial and compelling circumstances to deviate from the prescribed minimum sentence but nevertheless imposed the minimum sentence, which was a material misdire…
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S v Mzila and Another (SS34/2021) [2022] ZAGPJHC 891 (1 November 2022)
The High Court sentenced two accused for firearm, robbery, kidnapping, attempted murder, and ammunition offences, finding no substantial and compelling circumstances to depart from minimum sentences.
S v Msuthu & Others (CC10/2017) [2021] ZAECMHC 33 (17 September 2021)
High Court decision on section 174 discharge applications in a multi-accused robbery and murder trial, with some counts discharged and others refused.
Mabeqa and Another v S (CA&R 07/2020) [2020] ZAECPEHC 26 (28 July 2020)
Appeal against refusal of bail for a Schedule 6 armed-robbery charge was dismissed. The court found no exceptional circumstances and held that the State’s prima facie case was sufficient.
Gana v S (CC34/2010) [2019] ZAECPEHC 69 (29 October 2019)
The High Court refused leave to appeal against convictions for murder, armed robbery and firearm offences, finding no reasonable prospects of success.
S v Njova and Others (43/2016) [2019] ZAECMHC 45 (23 August 2019)
The court found that the accused committed a series of violent armed robberies and murders, targeting vulnerable rural shop owners and communities. The offences were executed with extreme violence and disregard for human life. The personal circumstances of the accused, including their status as first offenders and lengthy pre-sentence incarceration, were considered but found insufficient to constitute substantial and compelling circumstances for the robbery charges. However, for the murder charges, the court distinguished the roles of the accused, noting that the actual killings were perpetra…
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S v Njova and Others (CC43/2016) [2019] ZAECMHC 30 (7 June 2019)
The High Court convicted five accused of a string of Bizana armed robberies and related murders, relying mainly on section 204 witness evidence and corroboration.
Sibeko and Others v S (A499/2016) [2017] ZAGPPHC 439 (10 August 2017)
The appeal was dismissed because the trial court correctly accepted the evidence of the single witness, Mabaire, and properly applied the cautionary rule. The appellants' admissions and confessions, together with their decision not to testify, left the State's prima facie case unanswered. The court found that the totality of the evidence overwhelmingly established the appellants' intention to commit armed robbery, not merely theft. The trial court evaluated all probabilities and improbabilities and did not misdirect itself. The right to remain silent was respected, but its exercise had eviden…
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S v Molosi (46/2016) [2017] ZAFSHC 2 (17 January 2017)
Sentencing judgment for housebreaking with intent to rape, rape, and armed robbery. The court found no substantial and compelling circumstances and imposed life sentences on the most serious counts.
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