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
Mudau v Minister of Police (21903/2018) [2022] ZAGPPHC 29 (27 January 2022)
The court held that police had reasonable suspicion to arrest Mudau without a warrant for alleged conspiracy to commit murder, so the claim failed.
S v Mbangula and Others (CC23/2019) [2021] ZAWCHC 237 (18 November 2021)
The court found that the prosecution failed to present sufficient evidence to link any of the accused to the charges of conspiracy to commit murder, attempted murder, murder, or possession of unlicensed firearms and ammunition. The identification evidence was unreliable, as the complainant was mistaken in identifying one of the alleged assailants, who was incarcerated at the time of the incident. The complainant's identification of accused number 2 and accused number 4 was not credible due to the brief and traumatic nature of the encounter and lack of prior acquaintance. No evidence establish…
Source excerpt
S v Makhala and Others (SS06/2019) [2019] ZAWCHC 182 (11 December 2019)
The court found that the statements made by Luzuko Makhala to the police were admissible as hearsay evidence under Section 3(1)(c) of the Law of Evidence Amendment Act, as they were made freely and voluntarily, corroborated by objective and circumstantial evidence, and their admission was in the interests of justice. The court rejected the accused's version as improbable and unconvincing, noting inconsistencies and suspicious conduct, including attempts to mislead police and evade arrest. The identification of accused 3 by the deceased's family, corroborated by cell phone and circumstantial e…
Source excerpt
S v Sibisi and Another (CC66/2017) [2019] ZAGPJHC 3 (25 January 2019)
The court convicted both accused of conspiracy to commit murder, but acquitted them of murder and reckless driving after rejecting common-purpose liability.
Mokgothu and Another v The State (A20/2018) [2018] ZAFSHC 140 (27 September 2018)
The court found that the evidence against both appellants was overwhelming and corroborated by multiple sources, including the testimony of accomplices, cellular data analysis, and payments made to the assassin. The trial court correctly applied the cautionary rules to the evidence of single and accomplice witnesses, and the contradictions in the accomplice evidence were not material enough to undermine its reliability. The failure to call certain witnesses did not prejudice the appellants, as the defence was free to call them but chose not to. The court rejected the argument that the appella…
Source excerpt
S v Frederiksen (33/2016) [2017] ZAFSHC 161; 2018 (1) SACR 29 (FB) (14 September 2017)
The court found that sections 55 and 58 of the National Health Act do not create criminal offences, as the Act does not prescribe penalties for their contravention. The principle of legality, enshrined in the Constitution, prohibits conviction for conduct not criminalised at the time of commission. The repealed Human Tissue Act did create offences, but the current Health Act does not. Therefore, the accused must be discharged on counts 8 to 27. Regarding count 54, the court held that conspiracy is a distinct crime under South African law if the agreement is entered into within South Africa, e…
Source excerpt
Ngobese v S (SS030/2015) [2017] ZAGPJHC 152 (14 June 2017)
The court found that it had properly applied the principles governing the evaluation of a single witness's evidence and that the witness's testimony was credible and satisfactory in all material respects. The court held that there were no reasonable prospects of another court arriving at a different conclusion regarding either the conviction or the sentence. The sentence imposed was deemed appropriate given the seriousness of the offence, specifically the conspiracy to murder a police officer in the execution of his duties, and in line with legislative requirements for minimum sentencing. Con…
Source excerpt
Babuli and Others v National Director of Public Prosecution and Another (CC32/14) [2017] ZAGPPHC 64 (24 February 2017)
The appeal court found that the trial court erred in relying on extra-curial statements made by accused 1 and 7 to convict the appellants, as such statements are inadmissible against co-accused. The evidence of the single witnesses, Mr Mpandana and Ms Tlako, was found to be unreliable, contradictory, and lacking corroboration. The court held that the State failed to prove beyond reasonable doubt that the appellants conspired to commit murder or acted with a common purpose. The admissible evidence did not establish a definite agreement to kill the deceased, nor did it prove the appellants' inv…
Source excerpt
Smith v S (A273/16) [2017] ZAWCHC 2; 2017 (1) SACR 520 (WCC) (26 January 2017)
The High Court upheld Grant Matthew Smith’s conviction for conspiracy to murder but reduced his sentence from nine years to seven years.
S v Booi and Others (CC6/2016) [2016] ZAECPEHC 61 (22 September 2016)
The court found that the State's case, though based on circumstantial evidence and electronic data, was cogent and reliable. The cell phone records, corroborated by admissions and witness testimony, established communication and coordination between the accused, particularly on the day of the murder. The evidence proved that accused no. 2, while incarcerated, orchestrated the murder through telephonic contact with his co-accused and his girlfriend, Mange. The movements of accused no. 3 and 4, as shown by cell tower data, placed them at the scene at the relevant time. The court rejected the ac…
Source excerpt
Explore more
