South Africa Case Law

Phiri and Another v S (A240/ 2017)

Phiri and Another v S (A240/ 2017) [2017] ZAGPPHC 1261 (15 December 2017)

Court

North Gauteng High Court, Pretoria

Case number

A240/ 2017

Judges

Munzhelele, Janse van Nieuwenhuizen, Cambanis

The court found that the appellants were not informed, either through the charge sheet or during plea proceedings or at trial, of the applicability of the minimum sentencing regime under the Criminal Law Amendment Act 105 of 1997. This constituted a fatal irregularity resulting in an unfair trial in respect of sentence. The sentences imposed under the Act were therefore set aside. The court considered the sentences afresh, applying the inherent sentencing jurisdiction of the High Court and the penal provisions of the Arms and Ammunition Act for the relevant counts. The aggravating factors out…

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• Minimum Sentencing
• Fair Trial Rights
• Criminal Procedure Act
• Arms And Ammunition Act
• Rape
• Robbery With Aggravating Circumstances

Bolo v S (CA&R352/13)

Bolo v S (CA&R352/13) [2014] ZAECGHC 99 (6 November 2014)

Court

Eastern Cape High Court, Grahamstown

Case number

CA&R352/13

Judges

C Plasket, R Brooks

The court held that the magistrate erred in finding joint possession of the firearm and ammunition based solely on the accused's knowledge and common purpose in the robbery. The authorities require evidence that the group intended to possess the firearm through the actual possessor and that the possessor intended to hold it on behalf of the group. In this case, there was no evidence establishing who had physical possession or that the possessor intended to possess on behalf of the group. Mere knowledge and acquiescence are insufficient to prove joint possession under the Arms and Ammunition A…

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• Joint Possession
• Arms And Ammunition Act
• Common Purpose
• Robbery With Aggravating Circumstances
• Kidnapping
• Acquittal On Appeal

Nevhutalu v S (692/12)

Nevhutalu v S (692/12) [2013] ZASCA 44 (28 March 2013)

Court

Supreme Court of Appeal

Case number

692/12

Judges

Ponnan, Tshiqi, Majiedt, Pillay, Petse

The Supreme Court of Appeal replaced a 6-month prison sentence for pointing a firearm with a wholly suspended sentence and set aside a firearm-unfitness order.

• Sentencing Principles
• Pointing Of Firearm
• Arms And Ammunition Act
• Firearms Control Act
• Judicial Discretion
• Suspended Sentence

S v Guca and Another (420/12)

S v Guca and Another (420/12) [2012] ZASCA 201 (30 November 2012)

Court

Supreme Court of Appeal

Case number

420/12

Judges

Mthiyane, Leach, Tshiqi

The Supreme Court of Appeal substituted harsh, unclear sentences after finding a sentencing misdirection and an error in sentence computation.

• Sentencing
• Minimum Sentences Legislation
• Misdirection
• Effective Sentence
• Arms And Ammunition Act
• Criminal-sentencing

Lebelo and Another v S (A646/2011)

Lebelo and Another v S (A646/2011) [2012] ZAGPPHC 226 (4 October 2012)

Court

North Gauteng High Court, Pretoria

Case number

A646/2011

Judges

Van der Byl, P M Mabuse

High Court appeal from convictions for armed robbery and firearm possession. Convictions were upheld, but sentences were reduced after considering delay and detention.

• Robbery With Aggravating Circumstances
• Arms And Ammunition Act
• Reconstruction Of Record
• Duplication Of Convictions
• Sentencing Principles
• Cross Examination Rights

Xabendlini v S (608/10)

Xabendlini v S (608/10) [2011] ZASCA 86 (27 May 2011)

Court

Supreme Court of Appeal

Case number

608/10

Judges

Harms, Malan, Theron

The Supreme Court of Appeal held that the wider interpretation of 'pointing' a firearm under section 39(1)(i) of the Arms and Ammunition Act 75 of 1969 is correct. The offence is committed by the act of directing a firearm towards another person, regardless of whether the firearm is loaded or whether a discharged bullet would strike the person. The legislative intent is to protect individuals from the fear and danger associated with firearms. In this case, the appellant pointed a firearm at police officers during a pursuit, inducing fear that they would be shot. The evidence supports the conv…

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• Pointing Of Firearm
• Arms And Ammunition Act
• Statutory Interpretation
• Fear Inducement
• Criminal Liability

Kwanda v S (592/10)

Kwanda v S (592/10) [2011] ZASCA 50; 2013 (1) SACR 137 (SCA) (30 March 2011)

Court

Supreme Court of Appeal

Case number

592/10

Judges

Streicher, Bosielo, Theron

The Supreme Court of Appeal held that the State failed to establish facts from which it could be inferred that the appellant had the necessary intention to possess the firearm jointly with Mahlenche. The evidence did not show that the appellant exercised control over the firearm or that Mahlenche held it on behalf of the appellant. Mere knowledge of the firearm's presence and participation in the conspiracy to commit robbery were insufficient to prove joint possession under the Arms and Ammunition Act. Accordingly, the convictions and sentences for unlawful possession of a firearm and ammunit…

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• Unlawful Possession Of Firearms
• Joint Possession
• Animus Possidendi
• Arms And Ammunition Act

Filander v S (A430/2010)

Filander v S (A430/2010) [2010] ZAWCHC 493 (15 October 2010)

Court

Western Cape High Court, Cape Town

Case number

A430/2010

Judges

Desai, Marais

The High Court upheld an appeal against conviction because the appellant had been convicted under a repealed firearms provision, and the evidence did not justify the negligence finding.

• Arms And Ammunition Act
• Conviction On Repealed Statute
• Periodical Imprisonment
• Technical Defence
• Degree Of Care
• Irregular Substitution

Samuels v S (262/03)

Samuels v S (262/03) [2010] ZASCA 113; 2011 (1) SACR 9 (SCA) (22 September 2010)

Court

Supreme Court of Appeal

Case number

262/03

Judges

NAVSA, PONNAN, K PILLAY

The Supreme Court of Appeal replaced a direct imprisonment sentence for unlicensed firearm possession with a R6,000 fine, stressing individualized sentencing.

• Sentencing
• Possession Of Unlicensed Firearm
• General Deterrence
• Mitigating Factors
• Alternative Sentencing
• Arms And Ammunition Act

S v Lombaard (A147/09)

S v Lombaard (A147/09) [2009] ZAGPPHC 61 (2 March 2009)

Court

North Gauteng High Court, Pretoria

Case number

A147/09

Judges

TM Makgoka, MF Legodi

High Court review confirming a conviction and sentence, but remitting the matter for a section 12(1) enquiry on firearm fitness under the Arms and Ammunition Act.

• Arms And Ammunition Act
• Fitness To Possess Firearm
• Magistrate Functors Officio
• Review Procedure
• Criminal-law
• Arms-and-ammunition-act