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South Africa decisions
Decisions matching the current search
Mokhothu v S (A206/2018) [2019] ZAFSHC 87 (6 June 2019)
The High Court upheld an appeal against a rape conviction, finding the complainant’s evidence inconsistent and unreliable and setting aside sentence.
Nqweniso v S (CA&R23/2013) [2016] ZAECGHC 107 (17 October 2016)
Appeal against convictions for housebreaking, rape and sexual assault dismissed; the High Court confirmed the trial court’s findings and sentences.
Mtsweni v S (A377/14) [2016] ZAGPPHC 772 (26 August 2016)
Appeal against rape conviction and 10-year sentence dismissed. The High Court found the complainant credible, the appellant’s version inconsistent, and consent not proved.
S v Lekhwareni and Others (SS 073/2015) [2016] ZAGPJHC 155 (16 May 2016)
The court held that the written statement made by accused number four to the investigating officer was inadmissible as evidence. The statement was exculpatory and not a confession or admission under section 219A of the Criminal Procedure Act. The court found that, regardless of the purpose for which the statement was tendered, any extracurial statement made to a person in authority must be shown to have been made freely and voluntarily. The evidence presented did not satisfy the court, beyond reasonable doubt, that the statement was made freely and voluntarily. The circumstances surrounding t…
Source excerpt
Tofie v S (104/14) [2014] ZASCA 159 (1 October 2014)
The Supreme Court of Appeal overturned rape convictions after finding the complainant's evidence unreliable, contradictory, and unsupported by corroboration.
Makgai v S (A571/2011) [2013] ZAGPJHC 181 (22 July 2013)
The High Court dismissed a criminal appeal and upheld convictions for rape, kidnapping, and assault, finding the complainant’s single-witness evidence reliable.
S v Cornick and Another (409/06) [2007] ZASCA 14; [2007] 2 All SA 447 (SCA); 2007 (2) SACR 115 (SCA) (20 March 2007)
The Supreme Court of Appeal dismissed appeals against rape convictions and sentences, finding the complainant credible despite a 19-year delay in reporting.
S v Kameli (CA&R 24/96) [1997] ZAECHC 9 (7 February 1997)
The High Court upheld a conviction for assault with intent to commit grievous bodily harm and confirmed a two-year sentence after rejecting the appeal.
S v Mabaso (371/91) [1992] ZASCA 203 (24 November 1992)
The court upheld a theft conviction for possession of a stolen vehicle, finding the appellant's explanation implausible and rejecting interference with sentence.
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