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South Africa decisions
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Vukeya and Others v S (A15/2015) [2024] ZALMPPHC 196 (5 December 2024)
The High Court dismissed three men’s appeal against life sentences for gang rape and robbery, finding no substantial and compelling circumstances to depart from the minimum sentence.
Sera v S (CA 35/2019) [2024] ZANWHC 176 (10 July 2024)
The High Court upheld an appeal against sentence, setting aside life imprisonment for rape and replacing it with 15 years, concurrent with count 1.
Mkhwanazi v S (A190/2021) [2022] ZAGPPHC 862 (7 November 2022)
The court found that, despite the discrepancy in the dates on the charge sheet, the appellant was sufficiently informed of the charges he faced and suffered no prejudice in the conduct of his defence. The evidence established that the appellant was known to the complainants, was positively identified, and his alibi was not corroborated. The trial court's findings on the facts and the imposition of the minimum sentence were justified, as there were no substantial and compelling circumstances to warrant a lesser sentence. The appellant's conduct was aggravated by the use of weapons and the vuln…
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Mothokgo v S (A117/2021) [2022] ZAFSHC 35 (24 February 2022)
The court held that the charge-sheet, read with the evidence and admissions made by the appellant, sufficiently apprised him of the State's intention to invoke the minimum sentencing regime under section 51(1) of the Criminal Law Amendment Act. The appellant admitted all elements of the scheduled offence, including the age of the complainant, and his legal representative argued mitigation with reference to the prescribed sentence. The court found no prejudice to the appellant and no infringement of his fair trial rights. The personal circumstances advanced were not substantial and compelling…
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Mhlongo v S (140/2016) [2016] ZASCA 152; 2016 (2) SACR 611 (SCA) (3 October 2016)
The Supreme Court of Appeal held that the fixing of a non-parole period under s 276B of the Criminal Procedure Act was procedurally irregular, as neither party was given notice or an opportunity to make representations, and no reasons were provided by the court a quo. This constituted a material misdirection, requiring the order to be set aside and the matter remitted for proper procedure. Regarding the charge sheet defect, the Court found that although the charge sheet referenced the incorrect part of Schedule 2, the appellant was legally represented, aware of the seriousness of the charge,…
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Du Plessis v S (A136/2014) [2014] ZAGPPHC 939 (17 November 2014)
Criminal appeal over defeating the administration of justice. The High Court held the charge sheet was defective for omitting a legal duty and set aside the conviction.
Essop v S (AR 931/2004) [2014] ZAKZPHC 45 (23 May 2014)
Appeal against a fraud conviction succeeded because the charge sheet omitted prejudice, an essential element of fraud, and amendment on appeal was refused.
S v Rikhotso (SS105/11) [2012] ZAGPJHC 106 (15 May 2012)
High Court criminal judgment on rape and sexual violation charges, rejecting a challenge to section 5 of the Sexual Offences Act and convicting on most counts.
Mashinini and Another v S (502/11) [2012] ZASCA 1; 2012 (1) SACR 604 (SCA) (21 February 2012)
The Supreme Court of Appeal found that the appellants were wrongly sentenced to life imprisonment under the wrong minimum-sentence provision and replaced it with ten years.
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