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South Africa decisions
Decisions matching the current search
Netshishive v S (A48/2023) [2025] ZAGPJHC 515 (27 May 2025)
The High Court dismissed a criminal appeal against convictions for kidnapping, rape and breaching a protection order, finding no misdirection in the trial court.
T.M v S (A199/2022) [2023] ZAGPPHC 699 (16 August 2023)
The appellant was present when the protection order was issued and its terms were explained to him, establishing his awareness and mens rea. His conduct in entering the upper level of the home and the subsequent altercation with the complainant constituted a breach of the order and assault. The trial court correctly convicted him on both counts. However, the sentence of house arrest and correctional supervision was disproportionate, unduly restricting his ability to maintain family and business relationships, and was not justified by the circumstances. A wholly suspended sentence would adequa…
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S v Kelly (CA & R 2/2023) [2023] ZANCHC 35 (14 April 2023)
The magistrate erroneously sentenced the accused for malicious damage to property on count 4, despite that charge having been withdrawn and the accused having been convicted for contravention of a harassment protection order. This constitutes a material error resulting in a failure of justice. The interests of justice require that the incorrect sentence be set aside and the matter remitted to the trial court for proper sentencing on the correct charge.
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Ngwenya v S (A11/2022) [2022] ZAFSHC 106 (27 May 2022)
The High Court upheld an appeal against sentence for contravening a protection order, finding the original imprisonment term disproportionate and substituting a lesser partly suspended sentence.
De Witt v S (A228/2019) [2021] ZAFSHC 297 (12 November 2021)
Appeal against convictions and sentence for assault, arson, protection-order breach and ammunition possession. Count 5 was set aside; the other convictions and sentences were confirmed.
Choshi and Another v S (A07/2020) [2021] ZALMPPHC 49 (30 August 2021)
The appeal succeeded for the first appellant, who was acquitted after contradictory State evidence. The second appellant’s convictions were upheld.
Venter v S (945/2018) [2020] ZASCA 14; 2021 (1) SACR 454 (SCA) (24 March 2020)
The Supreme Court of Appeal upheld a four-year sentence for sexual offences and breach of a protection order, finding no misdirection or undue severity.
Kilo v S (369/2019) [2019] ZAECMHC 74 (1 November 2019)
On automatic review, the High Court set aside a guilty plea conviction because the accused pleaded to a different date and offence than the charge sheet.
S v Ndike (CA&R 244/2018) [2018] ZAECGHC 103 (25 September 2018)
The court found that the accused was incorrectly charged under section 17(b) of the Domestic Violence Act, which relates to the publication of information revealing the identity of parties to proceedings, rather than the contravention of a protection order. The accused's conduct, as admitted in his plea, constituted a contravention of section 17(a), which criminalises the breach of protection orders. The error in the charge sheet did not prejudice the accused, as he was aware of the nature of the charge and pleaded guilty to the relevant facts. The court held that the charge sheet, conviction…
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Olifant v S (A608/2015) [2016] ZAGPPHC 667 (29 July 2016)
The High Court dismissed an appeal, but amended the conviction to reflect contravention of a final domestic violence protection order and confirmed the sentence.
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