South Africa Case Law

Memani v State (A576/16)

Memani v State (A576/16) [2018] ZAGPPHC 717 (13 April 2018)

Court

North Gauteng High Court, Pretoria

Case number

A576/16

Judges

V.T MTATI, T. MAUMELA

The court found that the evidence of Mr. Makganya regarding the speed and intoxication of the appellant was not corroborated by expert testimony or physical evidence, and the State failed to prove beyond reasonable doubt that the appellant negligently caused the death of the deceased or drove under the influence of alcohol. The charge of corruption was also not proven beyond reasonable doubt, as the appellant's version regarding bail money was reasonably possibly true. However, the appellant failed to produce a valid driver's licence at any stage, and the State succeeded in proving this charg…

Source excerpt

• Culpable Homicide
• Driving Under Influence
• Corruption
• Driving Without Licence

Radebe v S (A721/2015)

Radebe v S (A721/2015) [2016] ZAGPPHC 857 (15 September 2016)

Court

North Gauteng High Court, Pretoria

Case number

A721/2015

Judges

S Yacoob, RG Tolmay

High Court appeal against sentence upheld after finding the magistrate relied on extraneous, unsupported considerations and imposed disproportionate penalties.

• Sentencing Discretion
• Appeal Against Sentence
• Receiving Stolen Property
• Driving Without Licence
• Judicial Misdirection
• Sentencing-appeal

S v Loro (140065, CA&R)

S v Loro (140065, CA&R) [2014] ZAECGHC 64 (12 August 2014)

Court

Eastern Cape High Court, Grahamstown

Case number

140065, CA&R

Judges

G Goosen, D Chetty

On special review, the High Court corrected clerical errors in suspended sentences so the record matched the trial court’s intended conditions.

• Culpable Homicide
• Sentencing Correction
• Driving Without Licence
• Suspended Sentence
• Criminal Procedure Act
• Criminal-procedure-act

S v Olifant and Others (96/07, 97/07, 98/07)

S v Olifant and Others (96/07, 97/07, 98/07) [2008] ZANCHC 4 (15 February 2008)

Court

Northern Cape High Court, Kimberley

Case number

96/07, 97/07, 98/07

Judges

Lacock, Williams

On special review, the High Court corrected suspended sentences for driving without a licence to properly refer to section 12(a) of the National Road Traffic Act.

• Sentencing Review
• National Road Traffic Act
• Suspended Sentence
• Driving Without Licence
• Sentencing-review
• Suspended-sentence

S v Jacobs (CA & R 6/04)

S v Jacobs (CA & R 6/04) [2004] ZANCHC 61 (10 May 2004)

Court

Northern Cape High Court, Kimberley

Case number

CA & R 6/04

Judges

Majiedt, Olivier

The High Court upheld the conviction for culpable homicide and related offences, but reduced the prison sentence from three years to 24 months.

• Culpable Homicide
• Drunken Driving
• Driving Without Licence
• Sentencing Principles
• Negligent Driving
• Culpable-homicide

S v Khenene (50/02)

S v Khenene (50/02) [2002] ZANWHC 26 (27 June 2002)

Court

North West High Court, Mafikeng

Case number

50/02

Judges

O.A. Pako, B.E. Nkabinde

On automatic review, the High Court confirmed convictions for drunken driving and driving without a licence, but set aside a licence disqualification for non-compliance with statutory safeguards.

• Driving Under Influence
• Driving Without Licence
• National Road Traffic Act
• Fair Trial Rights
• Driving-under-influence
• Driving-without-licence

S v Mantsho (102/01)

S v Mantsho (102/01) [2001] ZANWHC 47 (1 November 2001)

Court

North West High Court, Mafikeng

Case number

102/01

Judges

M M Leeuw, B E Nkabinde

Review of a traffic conviction and sentence. The High Court clarified count 1 as negligent driving, confirmed counts 2 to 4, and replaced vague suspension conditions.

• Road Traffic Act
• Reckless Driving
• Negligent Driving
• Failure To Stop After Accident
• Driving Without Licence
• Suspended Sentence Conditions

S v Serame (35/01)

S v Serame (35/01) [2001] ZANWHC 28 (8 June 2001)

Court

North West High Court, Mafikeng

Case number

35/01

Judges

M M Leeuw, M T R Mogoeng

On review, the High Court upheld the convictions but found the global sentence excessive and the suspension conditions too wide, substituting separate concurrent sentences.

• Road Traffic Act
• Sentencing Principles
• Globular Sentence
• Suspended Sentence Conditions
• Reckless Driving
• Driving Without Licence