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South Africa decisions
Decisions matching the current search
Masuku and Another v S (AA12/2017) [2018] ZALMPPHC 23 (8 June 2018)
The High Court upheld an appeal against convictions for housebreaking, murder, attempted murder and firearm offences, finding key evidence inadmissible or unreliable.
Nkala v S (A276/2017) [2018] ZAGPJHC 116 (17 April 2018)
The High Court dismissed a criminal appeal, finding the conviction safe on overwhelming circumstantial evidence, a voluntary confession, and a valid pointing out.
Qhinga v S (1327/2016) [2017] ZASCA 149 (15 November 2017)
The Supreme Court of Appeal found that there was no admissible evidence implicating the appellant in the commission of the offences. The content of the pointing-out, which was the only evidence against the appellant, was not proved as the relevant testimony was either never led or lost and could not be reconstructed. Without this evidence, the convictions and sentences could not be sustained. The court also commented on the improper conduct of the police, which cast doubt on the fairness of the trial, but ultimately based its decision on the absence of admissible evidence.
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Nkosi v S (A798/15) [2017] ZAGPPHC 697 (12 October 2017)
The court held that the trial court correctly admitted the evidence of the appellant's admission and pointing out, as these were made voluntarily and corroborated by circumstantial evidence, including CCTV footage, the recovery of stolen items, and the appellant's proximity to the crime scene. The appellant's alibi defence was disregarded because it was not presented under oath or tested, and the appellant declined to call witnesses or testify, despite being advised of his rights. The identification of the appellant as one of the perpetrators was proven beyond reasonable doubt through the com…
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S v Milisi (CC42/2016) [2016] ZAECGHC 150 (27 October 2016)
The accused was convicted of raping a 9-year-old complainant after her evidence, medical findings, and his own confession proved vaginal penetration beyond reasonable doubt.
Mhlongo v S (AR107/14) [2015] ZAKZPHC 9 (30 January 2015)
The High Court upheld an appeal against murder and firearm convictions, finding the alleged pointing-out and firearm evidence inadmissible and insufficient to prove guilt.
Tshakwata and Another v S (522/13) [2014] ZASCA 45 (31 March 2014)
The Supreme Court of Appeal upheld an appeal against murder convictions, finding the co-accused statements inadmissible against the appellants and the evidence insufficient.
Segopolo v S (A72/2012) [2013] ZAFSHC 213 (24 October 2013)
The court found that the conviction for murder was supported by credible evidence, including the confession made to Captain Mojaki, forensic evidence linking the appellant to the crime scene, and corroborating witness testimony. The search and seizure at the appellant's premises were lawful, either by express or implied consent or under statutory exceptions due to urgency and risk of evidence destruction. The appellant's constitutional rights were not infringed, and the evidence obtained was admissible. The appellant was found to have lived alone at the premises during the relevant period, an…
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Yengwa and Another v S (SS104/2008) [2010] ZAWCHC 415 (3 June 2010)
The court granted leave to appeal against convictions based on circumstantial, identification, confession and forensic evidence, and also against Mr Mwanda's sentence.
S v Isaacs (039/10) [2010] ZASCA 87; [2010] 4 All SA 481 (SCA) (31 May 2010)
The Supreme Court of Appeal upheld a murder conviction based on cumulative circumstantial evidence, rejecting the appellant’s alibi and conspiracy claims.
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