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South Africa decisions
Decisions matching the current search
Phori v S (A30/2022) [2024] ZALMPPHC 26 (13 March 2024)
The High Court confirmed convictions on two rape counts but set aside life imprisonment, replacing it with 22 years’ imprisonment on each count to run concurrently.
Matsie v S (A202/18) [2020] ZAGPPHC 356 (14 July 2020)
The court found that the reconstructed record was adequate for the proper consideration of the appeal, with any defects being minor and not prejudicial. The complainant's evidence was credible, consistent, and corroborated by other witnesses and medical evidence. The appellant's version of consensual intercourse was unconvincing, inconsistent, and lacked corroboration, with significant details not put to the complainant during cross-examination. The appellant's prior conviction for rape and the circumstances of the offence justified the sentence imposed. The court concluded that there was no…
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Shai v S (A320/16) [2017] ZAGPPHC 1290 (15 December 2017)
The court found that the appellant's convictions for rape and robbery were supported by credible evidence, including DNA links and consistent witness testimony. The defence of consent was rejected as the complainants' submission to sexual intercourse was induced by threats, violence, and the use of weapons, which cannot amount to consent. The trial court materially misdirected itself by imposing life sentences for rape where statutory requirements were not met, as none of the complainants were minors, raped more than once, or by multiple perpetrators. The sentences for rape were substituted w…
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Kumalo v Cycle Lab (Pty) Ltd (31871/2008) [2011] ZAGPJHC 56 (17 June 2011)
High Court held that using Julia Basetsana Kumalo’s photo in advertising without consent constituted iniuria. Damages were left for later determination.
S v Kruger (298/93) [1994] ZASCA 99 (19 August 1994)
The Supreme Court of Appeal dismissed a rape conviction appeal, holding that the complainant’s evidence was credible despite criticism and that the sentence was not excessive.
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