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South Africa decisions
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S v Lawrence (CC16/2019) [2024] ZAWCHC 238 (12 June 2024)
The High Court convicted Wayne Henry Lawrence of murder, attempted murder, domestic violence-related offences, firearm offences, and defeating justice.
Ntshongwana v S (1304/2021) [2023] ZASCA 156; [2024] 1 All SA 345 (SCA); 2024 (2) SACR 443 (SCA) (21 November 2023)
The Supreme Court of Appeal held that the appellant failed to discharge the onus of proving, on a balance of probabilities, that he lacked criminal responsibility due to mental illness at the time of the offences. The panel psychiatrists' evidence, accepted by the trial court, demonstrated that the appellant's conduct during and after the offences was purposeful, goal-directed, and indicative of criminal capacity. The appellant's decision not to testify left critical gaps regarding his state of mind, and his claim of amnesia was unsupported and contradicted by objective evidence. The court fo…
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Director of Public Prosecutions Gauteng Local Division, Johannesburg v Ramolefi (705/2018) [2019] ZASCA 90 (3 June 2019)
The Supreme Court of Appeal held that it lacked jurisdiction to hear the State's appeal against a sentence imposed by the high court sitting as a court of appeal. The statutory framework, specifically section 316B(1) of the Criminal Procedure Act, restricts the State's right of appeal to sentences imposed by a superior court sitting as a court of first instance. Previous decisions, including Olivier and Kock, confirm this limitation and are supported by constitutional and policy considerations. The attempt to invoke section 311 of the Criminal Procedure Act was rejected, as the high court's f…
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Ramolefi v S (A330/2016) [2017] ZAGPJHC 340 (10 November 2017)
The High Court upheld a sentence appeal, finding that extreme provocation justified departure from the minimum sentence for murder.
S v Ngcobo (CC72/14) [2016] ZAKZPHC 36; 2016 (2) SACR 436 (KZP) (7 April 2016)
The court found that the respondent was convicted of murder, a serious and prevalent offence with a prescribed minimum sentence of fifteen years' imprisonment. However, expert psychological evidence established that the respondent acted with diminished criminal responsibility, significantly reducing her moral culpability. The respondent's personal circumstances, including her history of abuse, mental illness, status as a first offender, remorse, and role as primary caregiver to a minor child, were cumulatively weighty and cogent. The best interests of the child, as mandated by the Constitutio…
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S v Mathe (CC 69/2011) [2014] ZAKZDHC 15; 2014 (2) SACR 298 (KZD) (24 April 2014)
The court found that, although the accused was emotionally affected by the deceased's infidelity and the events leading up to the offences, he retained the capacity to appreciate the wrongfulness of his actions and to act accordingly. The accused's own statement confirmed he understood his conduct was unlawful. The court rejected the argument that diminished criminal responsibility was established. The accused's personal circumstances, remorse, and potential for rehabilitation were weighed against the aggravating factors: the murder of a defenceless woman, the proprietary attitude displayed,…
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S v Kleinbooi (CC 2/2012) [2012] ZAECBHC 6 (5 September 2012)
The court held that while the accused acted with diminished responsibility, the seriousness of the crime—murder of his wife, who was pregnant—required a substantial custodial sentence. The interests of society, the prevalence of violent crime, and the aggravating factor that the accused was a police officer were weighed against his personal circumstances, remorse, guilty plea, and time spent in custody. The court was bound by the majority decision in DPP Transvaal v Venter, which requires due cognisance of diminished responsibility but does not allow the minority approach to override binding…
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S v Lotter and Others (CC43/09) [2012] ZAKZDHC 51 (19 March 2012)
At sentencing for two premeditated murders, the court found substantial and compelling circumstances for accused Nos 1 and 3, but not for accused No 2.
S v Romer (412/10) [2011] ZASCA 46; 2011 (2) SACR 153 (SCA) (30 March 2011)
The Supreme Court of Appeal dismissed the State’s appeal against a lenient sentence for murder and attempted murder committed under diminished responsibility.
Van der Westhuizen v S (266/10) [2011] ZASCA 36; 2011 (2) SACR 26 (SCA) (28 March 2011)
The Supreme Court of Appeal upheld a murder conviction and 24-year effective sentence after rejecting fair-trial, criminal-capacity, and section 220 admission challenges.
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