South Africa Case Law

S v Khoza (Sentence) (CC46/2024)

S v Khoza (Sentence) (CC46/2024) [2025] ZAGPPHC 756 (5 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

CC46/2024

Judge

Mosopa

The court found no substantial and compelling circumstances to justify deviation from the prescribed minimum sentence for murder under section 51(1) of Act 105 of 1997. The accused's personal circumstances, including his deprived upbringing, lack of formal education, and responsibilities towards dependants, were considered but did not outweigh the seriousness of the offences and his extensive criminal history. The accused committed the current offences while on parole, demonstrating a pattern of recidivism and disregard for the law. The court emphasized the need for deterrence and retribution…

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• Minimum Sentencing
• Murder
• Attempted Robbery
• Immigration Offences
• Possession Of Stolen Property
• Parole Violation

Mmotla and Others v S (A99/2018)

Mmotla and Others v S (A99/2018) [2024] ZAGPPHC 362 (10 April 2024)

Court

North Gauteng High Court, Pretoria

Case number

A99/2018

Judges

Swanepoel, Leso, Kok

The convictions for murder, attempted murder, possession of firearms, and theft of a motor vehicle were set aside due to the absence of evidence directly linking the appellants to those offences and the improper application of the doctrine of common purpose, which was neither alleged nor proven. The evidence obtained via the police trap was admissible, as the conduct of the agents did not go beyond providing an opportunity to commit the offence. The first, third, and fourth appellants were found guilty of attempted robbery based on their active involvement in planning and executing the offenc…

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• Common Purpose
• Conspiracy
• Attempted Robbery
• Trap Evidence
• Duplication Of Convictions

S v Phakathi and Others (judgment on sentence) (CCD52/2021)

S v Phakathi and Others (judgment on sentence) (CCD52/2021) [2024] ZAKZPHC 20 (18 March 2024)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

CCD52/2021

Judge

Mossop

On sentence, the High Court departed from the prescribed minimum for murder and robbery, finding substantial and compelling circumstances and imposing effective terms of 20 and 25 years.

• Minimum Sentencing
• Murder
• Attempted Robbery
• Substantial And Compelling Circumstances
• Remorse
• Ubuntu

Nakumba v S - Appeal (A59/2022)

Nakumba v S - Appeal (A59/2022) [2023] ZAWCHC 277; 2024 (1) SACR 81 (WCC) (10 November 2023)

Court

Western Cape High Court, Cape Town

Case number

A59/2022

Judges

P A L Gamble, M J Dolamo, L G Nuku

The High Court partly upheld an appeal in a criminal matter, setting aside several convictions for lack of proof and reducing the attempted robbery sentence to seven years.

• Money Laundering
• Acquisition Of Proceeds Of Crime
• Dangerous Weapons Act
• Malicious Injury To Property
• Aggravating Circumstances
• Attempted Robbery

S v Ratau (CC46/2013)

S v Ratau (CC46/2013) [2022] ZAMPMBHC 64; 2023 (2) SACR 40 (MM) (1 August 2022)

Court

Mbombela High Court, Mpumalanga

Case number

CC46/2013

Judge

Roelofse

The High Court convicted Johannes Walter Ratau of attempted robbery and premeditated murder after a joint attack on police officers during transport.

• Common Purpose
• Premeditated Murder
• Dolus Eventualis
• Minimum Sentences Act
• Attempted Robbery
• Common-purpose

Du Plessis v S (A101 / 2021)

Du Plessis v S (A101 / 2021) [2022] ZAGPJHC 116 (28 February 2022)

Court

South Gauteng High Court, Johannesburg

Case number

A101 / 2021

Judges

Vally, Wilson

The High Court reduced Dirk Du Plessis’s sentence after finding the Regional Court failed to credit 2 years and 3 months of pretrial detention.

• Sentencing Principles
• Pretrial Detention Credit
• Attempted Robbery
• Aggravating Circumstances
• Criminal-sentencing
• Pretrial-detention-credit

Serake v S (A120/2021)

Serake v S (A120/2021) [2022] ZAGPPHC 123 (24 February 2022)

Court

North Gauteng High Court, Pretoria

Case number

A120/2021

Judges

T P Bokako, H Kooverjie

High Court appeal against sentence dismissed for attempted robbery with aggravating circumstances and related firearm offences.

• Minimum Sentencing
• Attempted Robbery
• Aggravating Circumstances
• Sentencing Discretion
• Criminal-law
• Sentencing

Van Schalkwyk v S (A145/2020)

Van Schalkwyk v S (A145/2020) [2021] ZAWCHC 88 (6 May 2021)

Court

Western Cape High Court, Cape Town

Case number

A145/2020

Judges

Le Roux, Cloete

The appellate court found that the trial court misdirected itself by imposing a sentence that was disturbingly inappropriate and by considering an unproven previous conviction. The use of a toy firearm, while serious, does not equate to the use of a real firearm for aggravating circumstances, and the maximum sentence under the Firearms Control Act should serve as a guideline. The appellant's personal circumstances, the absence of injury or loss to the complainant, and the lack of a prescribed minimum sentence for attempted robbery warranted a reduction in sentence. The appeal against sentence…

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• Sentencing Principles
• Attempted Robbery
• Aggravating Circumstances
• Firearms Control Act
• Mitigation Of Sentence

Tilayi v S (CA 22/2020)

Tilayi v S (CA 22/2020) [2021] ZAECMHC 13; [2021] 3 All SA 261 (ECM); 2021 (2) SACR 350 (ECM) (9 March 2021)

Court

Eastern Cape High Court, Mthatha

Case number

CA 22/2020

Judges

D Van Zyl, I Schoeman, P H S Zilwa

The court found that the appellant's conduct did not progress beyond preparation regarding the attempted robbery, and thus his conviction and sentence for attempted robbery could not stand. However, the evidence established that the appellant remained an active participant in the common purpose to commit the robbery and associated violent acts, including the shooting at police officials during the escape. The scope of the common purpose extended to foreseeable acts of violence, and the appellant did not effectively withdraw from the common design. His presence, armed participation, and contin…

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• Common Purpose
• Attempted Robbery
• Murder
• Unlawful Possession Of Firearm
• Minimum Sentencing
• Dolus Eventualis

Tshokolo v S (A58/2019)

Tshokolo v S (A58/2019) [2020] ZAGPPHC 411 (21 August 2020)

Court

North Gauteng High Court, Pretoria

Case number

A58/2019

Judges

MMP Mdalana-Mayisela, LA Retief

The court found that the appellant's explanation for the presence of his blood at the crime scene was a fabrication and highly improbable, given the physical evidence and the testimony of state witnesses. The DNA evidence conclusively linked the appellant to the crimes, and his version was not reasonably possibly true. The credibility findings of the trial court were upheld, as the state witnesses were reliable and did not falsely implicate the appellant. The appellant failed to provide a plausible explanation for the DNA match in the rape and attempted robbery counts. The court held that the…

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• Rape
• Housebreaking With Intent To Steal And Theft
• Attempted Robbery
• Minimum Sentencing
• Dna Evidence
• Credibility Of Witnesses