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South Africa decisions
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S v Neoth and Another (SS52/2020) [2022] ZAGPJHC 749 (19 September 2022)
High Court murder trial: Bernard Noeth convicted of two murders; Susana Noeth convicted as accessory after the fact, with alternative obstruction count dismissed.
Kunene v S (A121/2020) [2022] ZAGPPHC 109 (22 February 2022)
The High Court upheld an appeal against convictions for defeating justice, a false statement under oath, and attempted murder, setting aside all convictions and sentences.
Soni v S (465/2019) [2021] ZASCA 57; [2021] 3 All SA 362 (SCA); 2021 (2) SACR 241 (SCA) (5 May 2021)
Criminal appeal about murder, common purpose, incitement, and fair-trial rights. The appeal succeeded partly, with some convictions set aside and sentence reduced.
S v Tsabane (CC10/2020) [2021] ZAGPPHC 216 (23 January 2021)
After a full trial, the court convicted the accused of murdering a two-year-old child and defeating the course of justice by fabricating a kidnapping and poisoning story.
S v Pietropaolo (SS076/2018) [2020] ZAGPJHC 448 (2 November 2020)
The court found that the accused's defence of automatism was not reasonably possibly true and rejected his attempt to withdraw admissions made under section 220 and section 112 of the Criminal Procedure Act. The evidence, including the accused's own admissions, witness testimony, forensic and ballistic reports, and circumstantial evidence, established beyond reasonable doubt that the accused intentionally and unlawfully killed both his father and wife, committed robbery with aggravating circumstances, unlawfully possessed firearms and ammunition, and attempted to defeat or obstruct the course…
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Mphanama v S (AA15/2017) [2020] ZALMPPHC 25 (6 May 2020)
The High Court dismissed a criminal appeal against convictions for fraud and defeating the course of justice, finding the State proved the charges beyond reasonable doubt.
S v Ngubeni (SS84/2016) [2017] ZAGPJHC 237 (17 August 2017)
The court found that the accused intentionally killed the deceased, Ms Zestah September, after a heated argument, and subsequently attempted to conceal his crime by misleading the police and family, destroying evidence, and burning the body. The accused's defence of temporary non-pathological criminal incapacity was rejected as improbable and unsupported by psychiatric evidence. The accused's actions before, during, and after the incident demonstrated conscious awareness and goal-directed behaviour, negating any claim of loss of control. The accused was also found guilty of defeating or obstr…
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Klaasen v S (CA&R 284/2013) [2015] ZAECGHC 31 (15 April 2015)
Appeal dismissed in a corruption case against a court interpreter who solicited money to make a criminal case disappear.
S v Boshoff (CA &R 390/12) [2013] ZAECGHC 102; 2014 (1) SACR 422 (ECG) (27 September 2013)
The trial magistrate committed a material misdirection by failing to apply the prescribed minimum sentence of 15 years' imprisonment for fraud committed by a law enforcement officer involving amounts exceeding R10,000, as required by s 51(2) of the Criminal Law Amendment Act 105 of 1997. The respondent's personal circumstances, while generally favourable, did not amount to substantial and compelling circumstances justifying a departure from the prescribed minimum sentence. The offences were serious, carefully planned, and involved a gross abuse of power and trust, with significant prejudice t…
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S v Van Eeden and Another (AR 291/06) [2008] ZAKZHC 78 (1 January 2008)
The High Court upheld an appeal against convictions for defeating or obstructing justice, finding the trial court misframed the issues and the State had not disproved the first appellant’s alibi.
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