South Africa Case Law

Lotz v S (AR119/P)

Lotz v S (AR119/P) [2022] ZAKZPHC 40; 2023 (1) SACR 88 (KZP) (26 August 2022)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR119/P

Judges

Mossop, Koen

The appellant was convicted in his personal capacity for operating a public transport service vehicle without the necessary permit, but the evidence established that he did not personally operate the vehicle, was not present at the time of the offence, and was not the owner or driver. The charge sheet failed to cite him as a representative of the corporate body, and there was no mention of the company in the charge sheet. The State did not prove the appellant's guilt beyond reasonable doubt, and the conviction was based on a procedural error. The appeal was upheld, and the conviction and sent…

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• Corporate Criminal Liability
• Charge Sheet Deficiency
• Burden Of Proof
• National Land Transport Act
• Criminal Procedure Act

Radiau v S (AS577/2016)

Radiau v S (AS577/2016) [2017] ZAGPPHC 469 (30 June 2017)

Court

North Gauteng High Court, Pretoria

Case number

AS577/2016

Judges

Brenner, Teffo

Appeal against sentence for kidnapping and rape of a 6-year-old child. The High Court reduced the rape sentence to 15 years and kidnapping to 7 years.

• Minimum Sentencing
• Rape Of Minor
• Kidnapping
• Fair Trial Rights
• Charge Sheet Deficiency
• Minimum-sentencing

Sejake v S (A30/2015)

Sejake v S (A30/2015) [2015] ZAFSHC 239 (21 November 2015)

Court

Free State High Court, Bloemfontein

Case number

A30/2015

Judges

Van Zyl, R, Williams, WND R

The court found that the conviction for unlawful possession of a firearm and ammunition was justified based on credible police testimony and the implausibility of the defence version. However, the charge sheet did not allege that the firearm was semi-automatic, nor was it proven that the appellant knew or ought to have known of such a feature. Therefore, the prescribed minimum sentence for possession of a semi-automatic firearm was not applicable. The trial court erred in imposing the minimum sentence, and the sentence was substituted with a lesser term. The conviction on both counts was conf…

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• Unlawful Possession Of Firearm
• Unlawful Possession Of Ammunition
• Minimum Sentencing
• Mens Rea
• Charge Sheet Deficiency

Nokele v S (CA&R 312/2009)

Nokele v S (CA&R 312/2009) [2010] ZAECGHC 37 (24 May 2010)

Court

Eastern Cape High Court, Grahamstown

Case number

CA&R 312/2009

Judges

N Dambuza, M Makaula

The High Court set aside a conviction for dealing in dagga because the charge sheet was unclear and the accused likely did not understand the plea.

• Drug Trafficking Act
• Plea Irregularity
• Conviction And Sentence
• Charge Sheet Deficiency
• Criminal-law
• Plea-irregularity