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South Africa decisions
Decisions matching the current search
Mlanga v S (CA&R230/2018) [2020] ZAECGHC 9; 2020 (2) SACR 416 (ECG) (13 February 2020)
Appeal against sentence for culpable homicide from a road collision. The High Court set aside the sentence and licence suspension and remitted the matter for reconsideration.
McGeer v S (A151/2018) [2019] ZAGPJHC 34 (21 February 2019)
High Court appeal in a culpable homicide case: the sentence was reduced after the trial court’s findings of drag-racing, excessive speed, and intoxication were unsupported.
Muller v S (A241/2018) [2018] ZAWCHC 155; 2019 (1) SACR 242 (WCC) (16 November 2018)
The court held that the section 35 enquiry regarding driver’s licence suspension is an integral part of sentencing and may be included in a section 105A plea and sentence agreement. The magistrate erred by treating the enquiry as a post-sentence procedure and by failing to comply with the peremptory provisions of section 105A(9) of the Criminal Procedure Act. Because the magistrate did not inform the parties of his intention to impose a different period of suspension, both the conviction and sentence must be set aside. The matter is remitted for trial de novo before another magistrate. The ju…
Source excerpt
Lebetsa v S (CA&R118/16) [2017] ZAECGHC 63 (23 May 2017)
Appeal against sentence in a culpable homicide case arising from negligent driving. The High Court found misdirection and replaced direct imprisonment with correctional supervision and licence suspension.
Bester v MEC, Department of Transport, Roads and Public Works, Northern Cape (629/2004) [2005] ZANCHC 76 (1 January 2005)
The court set aside a retest request and licence withdrawal, finding unlawful abdication of discretion and a breach of audi alteram partem.
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