South Africa Case Law

Muller v S (CA&R59/19; CA&R57/19)

Muller v S (CA&R59/19; CA&R57/19) [2020] ZANCHC 90; 2022 (2) SACR 106 (NCK) (10 December 2020)

Court

Northern Cape High Court, Kimberley

Case number

CA&R59/19; CA&R57/19

Judges

Tlaletsi, Phatshoane

The court found that the trial court misdirected itself by overemphasising the seriousness of the offences and the interests of the community, while failing to properly consider the appellants' personal and mitigating circumstances. The reliance on evidence regarding the negative effect of drugs on children was misplaced, as there was no proof that the appellants sold cannabis to children. The cumulative effect of multiple sentences was not properly considered, resulting in disproportionately harsh sentences. The court held that, although dealing in cannabis remains a serious offence, the cha…

Source excerpt

• Dealing In Cannabis
• Sentencing Principles
• Mitigating Circumstances
• Concurrent Sentences
• Constitutional Right To Privacy

Hendricks v S (CA&R 124/2011)

Hendricks v S (CA&R 124/2011) [2012] ZANCHC 60 (29 June 2012)

Court

Northern Cape High Court, Kimberley

Case number

CA&R 124/2011

Judges

C C Williams, J G Van Niekerk

The court dismissed an appeal against conviction and sentence for dealing in cannabis, finding the trial court correctly rejected the appellant’s version.

• Possession Of Cannabis
• Dealing In Cannabis
• Evidence Evaluation
• Credibility Of Witnesses
• Dealing-in-cannabis
• Criminal-appeal

S v Van Wyk and Others (575/08, 721/08, 761/08)

S v Van Wyk and Others (575/08, 721/08, 761/08) [2009] ZAFSHC 12 (12 February 2009)

Court

Free State High Court, Bloemfontein

Case number

575/08, 721/08, 761/08

Judges

M.H. Rampai, C.J. Musi

High Court review set aside cannabis possession convictions where the accused had admitted facts supporting dealing charges; matters were remitted for reconsideration.

• Dealing In Cannabis
• Possession Of Cannabis
• Criminal Procedure Act
• Mandatory Sentencing
• Review Powers
• Fair Trial Rights

S v Mvelase (A376/2003)

S v Mvelase (A376/2003) [2004] ZAFSHC 165 (4 November 2004)

Court

Free State High Court, Bloemfontein

Case number

A376/2003

Judges

Lombard, Van der Merwe RR

The High Court dismissed an appeal against conviction for dealing in cannabis, holding that the appellant’s version was false and the trial court was correct.

• Possession Of Cannabis
• Dealing In Cannabis
• Credibility Of Witnesses
• Onus Of Proof
• Prima Facie Case
• Criminal-law