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South Africa decisions
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S v Jam-Jam (CC37/23) [2024] ZAECMHC 103 (17 July 2024)
High Court criminal judgment convicting the accused of robbery, two murders, and possession of a dangerous weapon after rejecting his alibi.
Khumalo v S (SS028/2016) [2023] ZAGPJHC 685 (12 June 2023)
The High Court dismissed Walter Dumisani Khumalo’s bail-pending-appeal application, finding he failed to prove exceptional circumstances or a reliable basis for release.
S v Fundamo [2023] ZAGPPHC 398; CC29/18 (26 May 2023)
The High Court granted leave to appeal against conviction for murder and robbery with aggravating circumstances, but refused leave on sentence.
Dumisa v S (CA 80/2019) [2021] ZANWHC 67 (10 September 2021)
The court found that although the appellant's explanation for the delay in prosecuting the appeal was unsatisfactory, the reasonable prospects of success on the merits justified the granting of condonation. The conviction was based almost exclusively on an alleged confession to Mr. Pela, which was inconsistent, lacked corroboration, and was contradicted by other evidence, including the ballistic report. The trial court failed to properly assess these discrepancies and overlooked material evidence, amounting to a misdirection. The appellant's version was reasonably possibly true, and the State…
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Faure v S (A250/2017) [2021] ZAWCHC 166 (20 August 2021)
The appeal was dismissed because the evidence of two independent witnesses, both friendly with the appellant, established that he confessed to the robbery and murder. Their evidence was corroborated by the appellant's own admissions and circumstances surrounding the crime. The magistrate's findings on credibility and rejection of the appellant's version were supported by the record. The appellant failed to establish substantial and compelling circumstances to justify a lesser sentence, given the brutality of the murder, lack of remorse, and absence of exceptional personal circumstances. The p…
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Makhanye v S (478/19) [2020] ZAKZPHC 62 (23 October 2020)
Appeal against rape conviction upheld after the High Court found material contradictions and insufficient reliable proof beyond reasonable doubt.
Nkuna and Another v S (AA07/2018) [2019] ZALMPPHC 3 (22 February 2019)
The High Court dismissed an appeal against murder convictions and life sentences, upholding a confession, identification evidence, and the finding of contract killing.
S v Sibiya (SS95/2009) [2018] ZAGPJHC 136 (20 April 2018)
Leave to appeal was granted in a murder and firearm case where the conviction rested on an alleged confession to a single witness years after the killing.
Lala and Others v S (A314/2015) [2017] ZAGPPHC 996 (7 September 2017)
The High Court dismissed a criminal appeal against convictions for murder, robbery with aggravating circumstances, and related firearm offences, and upheld the sentences imposed.
Sibeko and Others v S (A499/2016) [2017] ZAGPPHC 439 (10 August 2017)
The appeal was dismissed because the trial court correctly accepted the evidence of the single witness, Mabaire, and properly applied the cautionary rule. The appellants' admissions and confessions, together with their decision not to testify, left the State's prima facie case unanswered. The court found that the totality of the evidence overwhelmingly established the appellants' intention to commit armed robbery, not merely theft. The trial court evaluated all probabilities and improbabilities and did not misdirect itself. The right to remain silent was respected, but its exercise had eviden…
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