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South Africa decisions
Decisions matching the current search
Coetzee v S (A206/2014) [2015] ZAGPPHC 45 (30 January 2015)
High Court appeal against sentence for theft from a trust account dismissed; 8-year imprisonment for a former attorney was confirmed.
S v van Wyk (A58/2013) [2013] ZAFSHC 68 (9 May 2013)
The Free State High Court refused the State leave to appeal against a sentence of corrective supervision for culpable homicide.
S v Joseph (A148/10) [2010] ZAWCHC 170 (7 September 2010)
Automatic review of a guilty plea conviction under the Criminal Procedure Act and Domestic Violence Act. The High Court set aside the conviction and sentence.
S v Van Schalkwyk (CA&R 38/08) [2010] ZANCHC 51 (3 September 2010)
Appeal in a child sexual offences case partly succeeded on home-based counts, but shop-based indecent assault convictions and most sentences were upheld.
Ruprecht v S (A186/2009) [2010] ZAFSHC 59 (24 June 2010)
The Free State High Court upheld an appeal against sentence for murder and replaced the trial court’s sentence with five years’ imprisonment under section 276(1)(i).
Johnson v S (A88/10) [2010] ZAWCHC 51 (23 March 2010)
The High Court reduced the appellant’s imprisonment for culpable homicide and failure to render assistance to 3 years’ corrective supervision.
S v Rathaba [2009] ZAFSHC 92 (25 September 2009)
On review, the Free State High Court corrected a sentence that exceeded the statutory maximum for corrective supervision, reducing it from four years to three.
S v Harmzen and Another [2006] ZAFSHC 7 (11 May 2006)
The High Court upheld the convictions for housebreaking and indecent assault, but found the six-year prison sentences shockingly inappropriate and substituted corrective supervision.
S v Botha (A141/06) [2006] ZANCHC 77 (1 January 2006)
The appeal against conviction was dismissed as the evidence established that the appellant negligently lost control of his vehicle, causing the deaths of two persons. The trial court correctly applied the principle that, in the absence of a plausible explanation, negligence may be inferred from the circumstances. The argument that the passenger's statement shifted blame was rejected, as there was no factual basis or evidence supporting an alternative cause. However, the appeal against sentence succeeded. The trial court erred in finding gross negligence or recklessness and in imposing a sever…
Source excerpt
S v Niewilds (CA&R 152/03) [2004] ZANCHC 40 (5 November 2004)
The High Court dismissed an appeal against conviction and 6-year sentence for attempted murder, finding the State witnesses credible and the sentence justified.
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