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South Africa decisions
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Mokgotlo and Another v S ( Application for Leave to Appeal) (SS48/2022) [2025] ZAGPJHC 93 (7 February 2025)
The High Court refused leave to appeal against convictions for murder, robbery with aggravating circumstances, and attempted theft, while granting condonation for late filing.
S v Mthimkhulu (CA&R179/2024) [2024] ZAECMKHC 116 (18 October 2024)
The court found that the accused was improperly convicted of both housebreaking with intent to steal and theft, as the theft was not completed. Applying the single intent test and relevant case law, only a conviction for housebreaking with intent to steal was appropriate. The sentence of eighteen months' imprisonment was unduly harsh, given the accused's personal circumstances, lack of actual loss to the complainant, and the fact that the items were not removed from the premises. The trial court's misdirection regarding the completed theft influenced the severity of the sentence. The High Cou…
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S v R.M and Another (Sentence) (SS48/2022) [2024] ZAGPJHC 1007 (3 October 2024)
The High Court sentenced two accused to life imprisonment for murder, 15 years for robbery and 6 months for attempted theft, finding no substantial and compelling circumstances.
S v R.M and Another (SS48/2022) [2024] ZAGPJHC 1011 (1 October 2024)
The High Court convicted two accused of murder, robbery with aggravating circumstances, and attempted theft after rejecting their versions as improbable and contradictory.
Mitre Veneering CC v Commission for Conciliation, Mediation and Arbitration and Others (JR1440/14) [2018] ZALCJHB 82 (6 March 2018)
The Labour Court reviewed and set aside an arbitration award reinstating employees accused of attempted theft, finding the arbitrator misread the evidence.
Brown v S (CA&R245/2016) [2017] ZAECGHC 89 (28 July 2017)
The court found that the security guard was lawfully in possession of the items and acted as an agent of Pick 'n Pay. The appellant's conduct—removing two bottles of liquor from the shelves, concealing them in her clothing, and passing the pay points without payment—constituted executory conduct amounting to contrectatio and completed theft. The appellant did not abandon her intention to steal; she only replaced one item when confronted and attempted to leave with the other. The charge sheet's minor defects were cured by statutory provisions and unchallenged evidence. The court distinguished…
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Dlamini and Another v S (A225/2016) [2017] ZAGPPHC 215 (20 April 2017)
The court found that the appellants had unlawfully appropriated the motor vehicle by moving it from its original position, damaging its locks and ignition, and stealing items from within, thereby excluding the owner from the enjoyment of her property. The facts were distinguishable from precedents where appropriation was not established. The trial court correctly convicted the appellants of theft. Regarding sentence, the court held that the trial court had properly considered all relevant factors, including personal circumstances and prior convictions, and that the sentences imposed were not…
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S v Tsamai (06/2015) [2016] ZANWHC 53 (30 November 2016)
On automatic review, the High Court substituted a theft conviction with attempted theft after finding the accused had abandoned the goods before leaving the shop.
S v Malgas (11/16) [2016] ZAECGHC 49 (14 June 2016)
The reviewing court found that the accused had not completed the act of theft because the owner, through the security guard, retained effective control over the property at all times. The accused did not succeed in depriving the owner of the zinc sheets and planks, nor did he escape with the goods. The magistrate erred in relying on shoplifting principles and failed to consider relevant case law distinguishing between completed and attempted theft. The conviction for theft was set aside and replaced with a conviction for attempted theft. The sentence was reconsidered in light of the correct c…
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S v Lebeko (A325/2016, B74/2013) [2016] ZAGPPHC 402 (24 May 2016)
On special review, the High Court corrected a magistrate’s conviction from completed housebreaking and theft to attempted housebreaking and attempted theft.
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