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South Africa decisions
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Mile v S (CC100/2018) [2025] ZAGPPHC 669 (26 June 2025)
The High Court refused leave to appeal against sentence, holding that the assault and murder convictions were not inextricably linked and concurrency was not warranted.
S v Amobi and Others (CC50/2020) [2025] ZAGPPHC 579 (11 April 2025)
The court applied section 174 of the Criminal Procedure Act, considering whether there was evidence upon which a reasonable court might convict each accused on the respective counts. The State conceded discharge on counts where no evidence was led. For the remaining counts, the court assessed the quality and reliability of the evidence, including the credibility of witnesses and the extent to which the accused were implicated. The court found that, for certain counts, the evidence was insufficient and ordered discharge, while for other counts, there was prima facie evidence requiring the accu…
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S v J.J.L (Sentence) (KS19/24) [2025] ZANCHC 32 (10 April 2025)
The court sentenced a youthful first-time offender to concurrent prison terms for murder, premeditated murder, and assaults, finding substantial and compelling circumstances to depart from life imprisonment.
Radebe v S (A06/2024) [2025] ZAGPJHC 353 (26 March 2025)
The High Court upheld an appeal against sentence, finding the trial court failed to properly weigh mitigation and substantial and compelling circumstances.
S v Sodidi and Others (CC 9/2024) [2025] ZAECBHC 7 (14 March 2025)
The court found that the State had presented evidence from multiple witnesses establishing that the accused acted in concert and in furtherance of a common purpose in kidnapping, assaulting, and causing the death of the deceased. The evidence showed that the deceased was deprived of his liberty, physically controlled, and assaulted with hands, fists, feet, broomstick, and iron rod, resulting in fatal blunt trauma. The medical evidence corroborated the cause of death. The court held that the prosecution had established a prima facie case against all accused on all counts. At this stage, the cr…
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Ngomane v S (A30/2023) [2025] ZAMPMBHC 9 (7 March 2025)
The High Court granted condonation, then dismissed an appeal against convictions for assault and rape, confirming life imprisonment for rape and 7 years for assault.
Smith v S (Leave to Appeal) (A290/2023) [2025] ZAGPPHC 105 (6 February 2025)
The High Court upheld an appeal against sentence, reducing life imprisonment for murder to 15 years and assault to 5 years, with concurrent sentences.
S v J.J.L (KS19/24) [2025] ZANCHC 33 (28 January 2025)
The Northern Cape High Court convicted the accused of murder and multiple assaults, rejecting self-defence claims and finding the State proved premeditated murder on Count 8.
Malizana and Others v S (A151/2023) [2025] ZAWCHC 10 (21 January 2025)
The appeal was dismissed because the trial court's findings were justified on the record. The evidence, including the manner in which the deceased's hands were tied, the improbability of suicide, and the injuries sustained, supported a finding of homicide rather than suicide. The contradictions in the brothers' testimony were peripheral and did not undermine their credibility. The expert evidence presented by the defence was speculative and not based on sufficient scientific methodology, whereas the State's expert attended the scene and provided credible findings. The trial court correctly re…
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S v Ayuk and Others (Sentence) (CC46/2019) [2024] ZAWCHC 395 (15 November 2024)
The court found that accused 1 was the principal operator of a human trafficking enterprise, luring vulnerable victims under false pretenses, subjecting them to captivity, drug addiction, and severe physical and psychological abuse. The offences were aggravated by the involvement of children and the lasting impact on victims. No substantial and compelling circumstances were found for accused 1 to deviate from the prescribed minimum sentences; his sentences were ordered to run concurrently to recognize time spent awaiting trial. For accused 2, the court found substantial and compelling circums…
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