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Raymond Daniel de Villiers v S (996/2021) [2023] ZASCA 83; 2023 (2) SACR 221 (SCA) (31 May 2023)
The Supreme Court of Appeal set aside a compensation order made on appeal and remitted the matter to the regional court for sentencing afresh.
S v Ngceni (CA&R: 176/2015) [2015] ZAECGHC 69 (7 July 2015)
The High Court confirmed a fraud conviction and sentence, but set aside a section 300 compensation order because the prosecutor lacked instructions from the injured person.
S v Velaphi (2012000329) [2013] ZAECGHC 3 (1 January 2013)
The magistrate erred in applying section 300 of the Criminal Procedure Act to award compensation to the buyer of the stolen cows. The section requires that the application for compensation be made by or on behalf of the person who suffered loss or damage as a result of the offence. In this case, the complainants (owners of the cows) did not suffer loss, as their property was returned. The buyer, who suffered the monetary loss, was not the complainant and there is no evidence that the prosecutor was instructed by him to apply for compensation. Furthermore, the amount awarded (R9,200) exceeded…
Source excerpt
S v Khoza (61/0960/2009) [2010] ZAGPJHC 94; 2011 (1) SACR 482 (GSJ) (20 October 2010)
High Court review of a theft conviction held that the compensation order was procedurally defective, but the conviction stood and sentence was set aside.
S v Mahlangu and Another (A1228/2005) [2005] ZAGPHC 312 (22 August 2005)
The High Court confirmed a theft conviction but set aside a compensation condition attached to a suspended sentence because it exceeded the proven loss and was improperly framed.
S v Louw [2004] ZAFSHC 164 (23 September 2004)
The High Court confirmed the conviction but set aside the sentence because a compensation order was imposed without the procedure required by section 300 of the Criminal Procedure Act.
S v Setlhako and Others (101/01) [2001] ZANWHC 43 (25 October 2001)
The High Court confirmed a theft conviction but set aside a compensation-based sentence because the amount was unclear, the accused were not heard, and alternative imprisonment was improper.
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