South Africa Case Law

Robertson v S (KS 48/05)

Robertson v S (KS 48/05) [2023] ZANCHC 61; 2023 (2) SACR 615 (NCK) (29 September 2023)

Court

Northern Cape High Court, Kimberley

Case number

KS 48/05

Judges

Phatshoane, Williams, Nxumalo

The majority of the court found that the incomplete record, which lacked the evidence of the appellant and his co-accused, was inadequate for proper adjudication of the appeal. The available record consisted mainly of the State's evidence and did not allow for a fair consideration of the appellant's defence. Furthermore, the appeal was heard almost 17 years after sentencing, a delay not attributable to the appellant, which constituted a gross violation of his constitutional right to a fair trial and appeal. The court held that proceeding on the merits would infringe these rights. Consequently…

Source excerpt

• Fair Trial Rights
• Incomplete Record On Appeal
• Delay In Appeal
• Admissibility Of Confession
• Common Purpose
• Sentencing Guidelines

Steyn v S (100/13)

Steyn v S (100/13) [2014] ZASCA 20 (27 March 2014)

Court

Supreme Court of Appeal

Case number

100/13

Judges

Mhlantla, Bosielo, Van Zyl

The Supreme Court of Appeal dismissed a sentence appeal, holding that the appellant’s rehabilitation and delay in hearing the appeal did not justify further interference.

• Sentencing Principles
• Delay In Appeal
• Credit For Time Served
• Fraud
• Theft
• Rehabilitation Of Offender

Maneli v S - Appeal Judgment (CA&R 04/2012)

Maneli v S - Appeal Judgment (CA&R 04/2012) [2013] ZAECBHC 5 (27 May 2013)

Court

Eastern Cape High Court, Bhisho

Case number

CA&R 04/2012

Judges

Mageza, JM Roberson, R Griffiths

Appeal court set aside convictions on counts 3 and 4, upheld counts 1, 2 and 15, and reduced the sentences after finding the original sentence excessive.

• Accomplice Evidence
• Hearsay
• Minimum Sentencing
• Right To Fair Trial
• Delay In Appeal
• Credibility Of Witness

S v Senatsi and Another (431/04)

S v Senatsi and Another (431/04) [2006] ZASCA 65; 2006 (2) SACR 291 (SCA) (26 May 2006)

Court

Supreme Court of Appeal

Case number

431/04

Judges

Farlam, Mthiyane, Nugent

The Supreme Court of Appeal upheld long sentences for violent crimes, finding the trial court properly weighed youth against deterrence and retribution.

• Sentencing Principles
• Mitigating Factors
• Deterrence And Retribution
• Delay In Appeal
• Mercy In Sentencing
• Sentencing-principles