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South Africa decisions
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Mkhungo v S (AR 322/2020) [2022] ZAKZDHC 4 (11 February 2022)
The High Court partly upheld an appeal against sentence for attempted extortion, ordering three years of a 15-year term to run concurrently with an existing sentence.
S v Maluka (CC 14/2019; M 69/2018) [2021] ZAMPMBHC 52 (5 November 2021)
The High Court convicted the accused of murder, robbery with aggravating circumstances, and attempted extortion on circumstantial and DNA evidence.
Ndlovu v The State (CA&R14/2016) [2016] ZAECBHC 17 (8 December 2016)
The appellate court found that the trial court had properly considered all relevant factors, including the appellant's personal circumstances, the seriousness of the offences, and the interests of society. The trial court did not materially misdirect itself by referencing international law, as this is constitutionally mandated. The appellant's remorse was not found to be genuine, and her conduct demonstrated a disregard for the psychological well-being and rights of the child. The sentence of 15 years for kidnapping was deemed appropriate given the gravity of the offence and its impact on the…
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Ndlovu v S (CA&R14/2016) [2016] ZAECBHC 12 (8 December 2016)
The appellate court found that the trial court had properly considered all relevant factors, including the appellant's personal circumstances, the seriousness of the offences, and the interests of society. The trial court did not misdirect itself by referring to international law, as the Constitution mandates consideration of such sources. The appellant's remorse was not found to be genuine, and her conduct demonstrated a disregard for the child's well-being and parental rights. The sentence of 15 years for kidnapping was not shockingly inappropriate given the gravity of the offence and its i…
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Mshudulu v S (A137/2013) [2014] ZAGPJHC 319 (4 November 2014)
The High Court dismissed an appeal against conviction and sentence for kidnapping and attempted extortion, finding the appellant’s version implausible.
Mshudulu v S (A137/2013) [2014] ZAWCHC 163 (4 November 2014)
The High Court dismissed an appeal against kidnapping and attempted extortion convictions, finding the appellant's denial improbable and unsupported by the record.
Diamond v O'Sullivan and Another (45270/12) [2013] ZAGPJHC 403 (18 July 2013)
The court found that O'Sullivan's conduct, acting on behalf of the second respondent, went beyond legitimate assertion of rights and constituted unlawful harassment and attempted extortion. O'Sullivan repeatedly threatened the applicant with arrest and public embarrassment unless he agreed to repay unspecified sums, refused to disclose the basis or quantum of the alleged debt, and refused to engage with the applicant's version of events. The threats were not accompanied by any legitimate process or demand, and the manner in which O'Sullivan exercised his authority was aggressive, bullying, an…
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S v Msane and Another (96/2008) [2008] ZASCA 118; [2009] 1 All SA 454 (SCA) (26 September 2008)
The Supreme Court of Appeal upheld an attempted extortion sentence but ordered a drug-possession sentence to run concurrently to avoid duplication of punishment.
S v Bran (142/91) [1993] ZASCA 11 (4 March 1993)
The court dismissed an appeal against conviction for attempted extortion, finding the circumstantial evidence, identification, handwriting and voice evidence compelling.
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