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South Africa decisions
Decisions matching the current search
Carneiro v S (425/18) [2019] ZASCA 45; 2019 (1) SACR 675 (SCA) (29 March 2019)
The Supreme Court of Appeal upheld a murder conviction appeal, finding serious delay and unreliable State evidence, with no proof beyond reasonable doubt.
Parkins v S (A113/16) [2016] ZAWCHC 144; 2017 (1) SACR 235 (WCC) (27 October 2016)
The High Court dismissed Bradley Parkins’s appeal against convictions for murder and firearm offences, confirming the regional court’s convictions and sentences.
Bamba v S (20089/14) [2014] ZASCA 219 (11 December 2014)
The State failed to prove a reliable chain of custody for ballistic exhibits, so the murder conviction could not stand and the appeal was upheld.
Murphy v S (CA& R 68/2011) [2011] ZAECGHC 83 (22 December 2011)
The High Court set aside murder, attempted murder, and firearm-possession convictions after finding the evidence did not prove the appellant was the shooter.
Thibane v S (A546/2006) [2008] ZAWCHC 294 (14 November 2008)
The cumulative effect of the magistrate's misdirections and irregularities, including the improper restriction of cross-examination, misunderstanding of the scope of admissions, failure to ensure production of original witness statements, and inappropriate conduct during sentencing, resulted in a failure of justice and an unfair trial. The appellant's constitutional rights to a fair trial were infringed, and the conviction and sentence cannot stand. The appeal succeeds and the conviction and sentence are set aside. The Director of Public Prosecutions may prosecute the appellant de novo if so…
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S v Mlimo (454/2007) [2008] ZASCA 7; [2008] 2 All SA 611 (SCA) ; 2008 (2) SACR 48 (SCA) (18 March 2008)
The Supreme Court of Appeal found that the trial judge's conduct, while sometimes impatient, did not impede the fairness of the trial or the appellant's right to cross-examination. The appellant's attorney was competent and handled the judge's interventions without prejudice to the defence. Inspector Knoesen's evidence, though challenged for contradictions, was ultimately credible and supported by the appellant's own admissions and the ballistic evidence. Superintendent Sindane was properly accepted as an expert witness due to his extensive practical experience, despite not having completed h…
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Director of Public Prosecutions, Transvaal v Mtshweni (52/06) [2006] ZASCA 165; [2007] 1 All SA 531 (SCA); 2007 (2) SACR 217 (SCA) (27 September 2006)
The Supreme Court of Appeal held that the trial judge erred in law by failing to call an essential ballistics witness under section 186, and ordered a retrial.
S v Seonyane (150/91) [1992] ZASCA 187 (28 September 1992)
Appeal on murder and sentence. The court upheld the murder conviction but replaced the death penalty with 20 years’ imprisonment.
S v Joseph (130/83) [1984] ZASCA 37 (29 March 1984)
The appellate court found no fault with the trial court's acceptance of the evidence of Basil Baadjies, whose identification of the appellant as the shooter was corroborated by the appellant's own admissions and the circumstances of the incident. The appellant was in possession of the firearm used in both the dance hall and Roberts Avenue shootings, as confirmed by ballistics evidence and his subsequent handling of the weapon. The possibility that another person, Richard Timmerman, was the shooter was not reasonably supported by the evidence. The court held that the appellant acted in further…
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