South Africa Case Law

Kruger v S (A71/2022)

Kruger v S (A71/2022) [2022] ZAFSHC 294 (27 October 2022)

Court

Free State High Court, Bloemfontein

Case number

A71/2022

Judges

Reinders, Boonzaaier

The appeal succeeded because the magistrate erred in accepting the complainant's single witness evidence as sufficient for conviction despite material contradictions, discrepancies, and the existence of video footage that corroborated the appellant's version. The magistrate improperly placed an onus on the appellant to disprove the state's case, whereas the burden remained on the state throughout. The complainant's evidence was not satisfactory, and the video footage demonstrated that the appellant could not have been present at the scene as alleged. The medical evidence did not support the c…

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• Single Witness Evidence
• Onus Of Proof
• Crimen Iniuria
• Assault

Boshoff v National Director of Prosecutions and Others (5095/2017)

Boshoff v National Director of Prosecutions and Others (5095/2017) [2018] ZAFSHC 51 (8 March 2018)

Court

Free State High Court, Bloemfontein

Case number

5095/2017

Judge

Molemela

The court found that the DPP's instructions did not create a binding agreement to withdraw charges upon apology and completion of a diversion programme. The instructions were conditional and subject to prosecutorial discretion, which could be exercised in light of changing circumstances, including the complainants' subsequent rejection of the apology. The DPP was entitled to reconsider the suitability of diversion and proceed with prosecution, especially given the nature of the offence and its impact on victims and the community. The applicant failed to prove the existence of an enforceable a…

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• Prosecutorial Discretion
• Diversion Programme
• Crimen Iniuria
• Fair Trial Rights
• Restorative Justice

Seluma v S (A44/2013)

Seluma v S (A44/2013) [2015] ZAGPPHC 1121 (31 July 2015)

Court

North Gauteng High Court, Pretoria

Case number

A44/2013

Judges

L M Molopa-Sethosa, D Dosio

The High Court upheld an appeal against sentence for assault and crimen iniuria, finding the magistrate misdirected itself and imposed a reduced, partly suspended sentence.

• Assault Common
• Crimen Iniuria
• Sentencing Misdirection
• Mitigating Factors
• Concurrent Sentences
• Sentencing-appeal

S v York (211/2014)

S v York (211/2014) [2014] ZAFSHC 239 (4 December 2014)

Court

Free State High Court, Bloemfontein

Case number

211/2014

Judges

C H G Van der Merwe, H Murray

On special review, the High Court set aside an admission-of-guilt conviction and sentence after finding the accused had been wrongly advised about the consequences.

• Admission Of Guilt Fine
• Crimen Iniuria
• Review Proceedings
• Criminal Record Consequences
• Admission-of-guilt-fine
• Crimen-iniuria

Coetzee v S (502/08)

Coetzee v S (502/08) [2009] ZASCA 134; 2010 (1) SACR 176 (SCA) ; [2010] 2 All SA 1 (SCA) (30 September 2009)

Court

Supreme Court of Appeal

Case number

502/08

Judges

Mpati, Mthiyane, Mhlantla

The Supreme Court of Appeal reduced a sentence for indecent assault and crimen iniuria, replacing it with four years’ imprisonment under section 276(1)(i).

• Indecent Assault
• Crimen Iniuria
• Sentencing Principles
• Correctional Supervision
• Judicial Discretion
• Sentencing

S v Gnade (CA & R 125/04)

S v Gnade (CA & R 125/04) [2004] ZANCHC 88 (1 November 2004)

Court

Northern Cape High Court, Kimberley

Case number

CA & R 125/04

Judges

Majiedt, Williams

High Court appeal in a criminal matter dismissed. The convictions for assault and crimen iniuria, and the sentences, were confirmed.

• Crimen Iniuria
• Assault
• Dolus Eventualis
• Racial Insult
• Appeal Procedure
• Criminal-appeal

S v Henning (ECJ 2004/008)

S v Henning (ECJ 2004/008) [2004] ZAECHC 14 (28 May 2004)

Court

High Courts - Eastern Cape

Case number

ECJ 008/2004

Judges

Pickering, Sandi

The High Court upheld a crimen iniuria conviction for a racial insult but set aside direct imprisonment, replacing it with a fine and suspended imprisonment.

• Crimen Iniuria
• Racial Insult
• Sentencing
• Provocation
• Dignitas
• Crimen-iniuria

Kiwido v S (CA & R 139/2002)

Kiwido v S (CA & R 139/2002) [2003] ZANCHC 20 (3 February 2003)

Court

Northern Cape High Court, Kimberley

Case number

CA & R 139/2002

Judges

Majiedt R, Williams WNR

On appeal, the High Court confirmed a crimen iniuria conviction but set aside the sentence and replaced it with a wholly suspended fine.

• Crimen Iniuria
• Defamation
• Sentencing Principles
• Dignity
• Dolus Eventualis
• Crimen-iniuria

S v Kiwido (CA & R 139/2002)

S v Kiwido (CA & R 139/2002) [2002] ZANCHC 28 (22 November 2002)

Court

Northern Cape High Court, Kimberley

Case number

CA & R 139/2002

Judges

Majiedt, Lacock

The High Court upheld a crimen iniuria conviction but found the sentence too harsh. It substituted a wholly suspended fine, citing comparable precedent and mitigating factors.

• Crimen Iniuria
• Sentencing Principles
• Appellate Review
• Dignity
• Dolus Eventualis
• Crimen-iniuria