Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
Mahlango v S (A37/2024) [2025] ZAGPPHC 228 (7 March 2025)
The High Court set aside a rape conviction on count 2, substituting attempted rape and imposing 10 years’ direct imprisonment to run concurrently with life imprisonment on count 1.
Leso v S (CA 63/2019) [2024] ZANWHC 114 (16 April 2024)
The court held that the trial court properly considered all relevant evidence, including the appellant's personal circumstances and the gravity of the offences. The rapes were committed against two minor victims, at knife point, repeatedly, and in degrading circumstances. The trial court found no substantial and compelling circumstances to justify a lesser sentence than life imprisonment, as required by section 51(1) of the Criminal Law Amendment Act. The appellate court found no misdirection or disproportionality in the sentence imposed and concluded that the prescribed minimum sentence was…
Source excerpt
Ramoholi v S - Appeal (A18/2023) [2023] ZAFSHC 429 (30 October 2023)
The appeal against conviction and life sentence for rape of a 7-year-old child was dismissed. The court found no bias, fair-trial breach, or sentencing misdirection.
S v Mahlasela; S v Rowe; S v Maseko (DR38/2023) [2023] ZAKZDHC 54 (11 August 2023)
High Court special review confirming convictions and sentences in two sexual offence matters, and ordering reconstruction of an incomplete record in the third.
B.P.K v S (A28/2022) [2022] ZAFSHC 203 (25 August 2022)
The High Court set aside a rape conviction after finding reasonable doubt on penetration, substituted sexual assault, and reduced the sentence to 10 years.
Gumede v S (A51/2017) [2021] ZAMPMHC 22 (24 May 2021)
Appeal against rape convictions and life sentence dismissed; the High Court found identity, age proof, and no basis to disturb the minimum sentence.
E N v S (A95/2020) [2020] ZAFSHC 202 (22 October 2020)
The High Court dismissed an appeal against a 15-year sentence for sexual assault of a child, finding no misdirection and no basis to reduce sentence.
Lekeka v S (A139/2019) [2020] ZAFSHC 92; [2020] 3 All SA 485 (FB); 2021 (1) SACR 106 (FB) (13 May 2020)
The appeal succeeded in part. The court found that the appellant was wrongly convicted on a 'combined' count and should have been convicted on two separate counts: housebreaking with intent to rape and attempted rape. The evidence of the complainant and other child witnesses was credible and corroborated by physical and medical evidence. The appellant's version was rejected as improbable. The court held that the prescribed minimum sentence of life imprisonment does not apply to attempted rape under section 55 of Act 32 of 2007, as the Minimum Sentencing Act does not expressly provide for mini…
Source excerpt
M v S (A343/2018) [2019] ZAWCHC 101; [2019] 4 All SA 110 (WCC); 2020 (1) SACR 241 (WCC) (14 May 2019)
The appeal court found that the circumstantial evidence, including the complainant's injuries consistent with recent sexual assault, the presence of the appellant's DNA in her undergarment, and the absence of any alternative explanation or challenge by the appellant, established his guilt beyond reasonable doubt. The appellant's failure to testify or rebut the prima facie case, coupled with the unchallenged expert and first reporter evidence, left no reasonable inference other than his commission of the offence. The sentence imposed was not disproportionate given the aggravating circumstances…
Source excerpt
Komane v S (07/2017) [2017] ZANWHC 122 (14 December 2017)
The High Court erred in convicting the appellant on counts 6 and 7, as the Regional Court had not pronounced a verdict on those counts, and thus lacked jurisdiction. The convictions and sentences on counts 6 and 7 were set aside and remitted to the Regional Court for proper adjudication. Regarding count 5, the appellant was charged under section 51(2) of the Criminal Law Amendment Act, which prescribes a minimum sentence of ten years for a first offender. The evidence and charge sheet did not support sentencing under section 51(1), and the imposition of life imprisonment was a misdirection. T…
Source excerpt
Explore more
