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South Africa Case Law

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Criminal Law [2023] ZAGPJHC 558

Kbelo and Another v S (A200/2018)

Kbelo and Another v S (A200/2018) [2023] ZAGPJHC 558 (25 May 2023)

Appeal partly succeeded: robbery convictions were set aside, one appellant was convicted of possession of suspected stolen property, and the other was acquitted.

  • Circumstantial Evidence
  • Doctrine Of Recent Possession
  • Identification Evidence
  • Contradictions In Testimony
  • Minimum Sentence Act
  • Joint Possession
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Criminal Law [2022] ZAWCHC 186

Phillips and Others v S (A70/22)

Phillips and Others v S (A70/22) [2022] ZAWCHC 186 (15 September 2022)

The appeal court found that the trial court correctly evaluated the evidence and was justified in its factual findings. The contradictions in the State's case were minor and did not affect the reliability of the core evidence, which was corroborated by multiple witnesses. The first and second appellants' version was found to be implausible and contrived, failing to provide a reasonable explanation for the events. The evidence of identification and corroboration was sufficient to sustain the convictions of the first and second appellants. However, the third appellant was not identified or impl…

  • Robbery With Aggravating Circumstance
  • Identification Evidence
  • Section 174 Discharge
  • Fair Trial Rights
  • Evaluation Of Evidence
  • Contradictions In Testimony
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Criminal Law [2010] ZAECGHC 70

Dayile v S (CA & R 266/09)

Dayile v S (CA & R 266/09) [2010] ZAECGHC 70; 2011 (1) SACR 245 (ECG) (19 August 2010)

High Court upheld the rape conviction but found the sentence too severe, substituting a 15-year term with 5 years suspended.

  • Rape
  • Minimum Sentencing
  • Child Witness Evidence
  • Contradictions In Testimony
  • Sentencing Discretion
  • Minimum-sentencing
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.