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South Africa decisions
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Khele v S (A420/2017) [2020] ZAGPPHC 572 (15 September 2020)
The High Court confirmed a robbery conviction but set aside a habitual criminal declaration for lack of a proper enquiry, imposing seven years' imprisonment.
Sithole v S (A402/2018) [2019] ZAGPPHC 1060 (22 November 2019)
The High Court upheld an appeal against a habitual criminal declaration, finding the magistrate had not exercised discretion judicially and replacing it with a prison sentence.
Brand v S (A228/2016) [2018] ZAGPJHC 601; 2019 (1) SACR 264 (GJ) (30 October 2018)
The High Court set aside a habitual-offender declaration, finding a misdirection and lack of prior warning, and replaced it with seven years' direct imprisonment.
Smith v S (A44/2017) [2017] ZAWCHC 166; 2019 (1) SACR 500 (WCC) (10 March 2017)
The court found that the Regional Court committed a material misdirection by declaring the appellant a habitual criminal solely on the basis of his previous convictions, without sufficient enquiry into the circumstances of those offences or adequate warning prior to pleading. The appellant's personal circumstances were not properly considered, and the trial court lacked factual support for its conclusion that the appellant habitually committed offences. The right to a fair trial was infringed, and the sentence imposed was disproportionate to the seriousness of the offence. The appeal was uphe…
Source excerpt
Khan v S (A546/2009) [2010] ZAWCHC 37 (5 March 2010)
The High Court set aside a habitual criminal declaration, holding the magistrate failed to investigate prior convictions properly and that a three-year term should stand instead.
Benn v S (A119/2008) [2008] ZAWCHC 271 (10 October 2008)
The appeal against conviction for robbery failed, but the habitual-criminal sentence was set aside and the case remitted for resentencing.
Francis v S (A107/2001) [2008] ZAWCHC 242 (15 August 2008)
The High Court upheld convictions for theft and reckless driving, but set aside the habitual-offender sentence on the theft count and remitted it for proper procedure.
S v van Eck (636/02) [2003] ZASCA 92; 2003 (2) SACR 563 (SCA) (23 September 2003)
The Supreme Court of Appeal upheld an habitual criminal declaration for a repeat offender convicted of theft and cheque fraud, and dismissed the appeal.
Van Zyl v S (A.306/99) [2000] ZAGPHC 16 (17 May 2000)
The High Court set aside the appellant’s habitual criminal declaration, finding a long gap since the last conviction, and substituted 8 years’ direct imprisonment.
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