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South Africa decisions
Decisions matching the current search
S v Mabhulu (CA&R106/2024) [2024] ZAECQBHC 43 (25 June 2024)
On special review, the High Court set aside a conviction for assault with intent to do grievous bodily harm and substituted common assault.
S v Benya - Review Judgment (CA&R 140/2023) [2023] ZAECMKHC 105 (19 September 2023)
The High Court corrected a magistrate’s review judgment, substituting the proper Domestic Violence Act section and confirming the sentence on a suspended basis.
K.L v S (A261/2021) [2022] ZAWCHC 120 (13 June 2022)
The High Court upheld a rape conviction and sentence, but substituted the attempted rape count with attempted sexual assault and imposed 8 years' imprisonment.
Nkosi and Another v S (A260/2021) [2022] ZAWCHC 50 (19 April 2022)
The court found that the first appellant was correctly identified as the driver of the stolen vehicle and failed to provide any credible explanation for his possession. The doctrine of recent possession did not strictly apply due to the time lapse since the theft, but the facts supported a conviction under section 36 of the General Law Amendment Act. The first appellant's conviction for theft was set aside and substituted with a conviction under section 36. The second appellant, although present and fleeing with the first appellant, did not have sufficient evidence against him to prove posses…
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S.D v S (A108/2020) [2021] ZAGPPHC 180 (23 March 2021)
The High Court upheld a criminal appeal, set aside a rape conviction, substituted a conviction for consensual sexual penetration with a child, and reduced the sentence to four years.
S v White (CA&R 08/2021) [2021] ZAECGHC 4 (20 January 2021)
The accused was under 18 at the time of the offence but over 18 at trial. The Child Justice Act provides that the DPP may, in prescribed circumstances, direct that such persons be dealt with under child justice procedures. The offence was serious (Schedule 3), and none of the circumstances for referral under section 4(2) were present. The DPP did not exercise discretion to invoke child justice procedures. The conviction for sexual assault is sustainable under section 270 of the Criminal Procedure Act. The proceedings were in accordance with justice, and the matter is remitted for sentencing,…
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Khoza v S (AR 278/18) [2019] ZAKZPHC 75 (22 November 2019)
The High Court set aside a rape conviction, holding the evidence proved sexual assault involving finger penetration, and imposed 10 years’ imprisonment.
De-Conceia v S (A296/2016) [2019] ZAGPJHC 309 (2 September 2019)
Appeal against convictions for two counts of robbery with aggravating circumstances dismissed. The court relied on identification evidence, possession of the key, and recent possession.
S v Kasa (R98/2019) [2019] ZAFSHC 222 (8 August 2019)
On automatic review, the High Court substituted a conviction for housebreaking with intent to commit an unknown offence with housebreaking with intent to steal.
Makhubela v S (A320/2017) [2018] ZAFSHC 61 (9 May 2018)
On appeal, the court found reasonable doubt on the rape conviction and declined to enter a competent verdict of statutory rape, setting aside the conviction and sentence.
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