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South Africa decisions
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Sikhosana v S (D8054/2023) [2023] ZAKZDHC 68 (15 September 2023)
Appeal dismissed against refusal of bail in a Schedule 5 criminal matter involving alleged drugs, firearms, ammunition and a hijacked vehicle.
Francis v The State (1301/2021) [2023] ZASCA 30 (28 March 2023)
The Supreme Court of Appeal held that the trial court did not misdirect itself in finding no substantial and compelling circumstances to justify a lesser sentence than the prescribed minimum. The appellant's personal circumstances, including being a first offender, time spent in custody, and positive community contributions, were not unusual and did not outweigh the aggravating factors. As a police officer, the appellant abused his position of trust and contributed to the drug problem he was employed to combat. The lack of remorse further indicated an absence of rehabilitation prospects. The…
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Levy v S (A77/2021) [2021] ZAWCHC 162 (23 August 2021)
The appellant failed to discharge the onus under section 60(11)(b) of the Criminal Procedure Act to show that the interests of justice permitted his release on bail. The magistrate correctly considered the seriousness of the charges, the appellant's extensive previous convictions, and the fact that the current offences were allegedly committed while the appellant was on bail for other offences. The court found a real likelihood that the appellant would commit further schedule 1 offences if released, and that his conduct demonstrated disregard for the rule of law and bail conditions. The magis…
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Alehi v S (A173/2021) [2021] ZAGPPHC 492; 2022 (1) SACR 271 (GP) (10 August 2021)
The court found that the magistrate did not err in refusing bail to the appellant. The appellant failed to provide credible evidence of fixed address, employment, or established ties to South Africa. His status as an illegal foreigner was not the sole determinant; rather, the lack of valid documentation, conflicting statements, and absence of proof of attempts to legalise his stay since 2014 weighed against his release. The interests of justice, including the risk of evasion and undermining the criminal justice system, justified continued detention. The presumption of innocence was not infrin…
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Nabolisa v Learned Magistrate Ms Syta Prinsloo and Another (12249/2018) [2021] ZAGPJHC 115 (8 April 2021)
The court found that the applicant's failure to request further particulars or challenge the forensic evidence during trial was a result of his own and his legal team's strategy, and cannot be remedied by review. The non-disclosure of working papers did not amount to a gross irregularity, as the applicant was provided with the docket and had opportunities to challenge the evidence. The conviction was for dealing in drugs, not a non-existing offence, and did not rely on an unconstitutional presumption. The conduct of the state's counsel, while robust, did not render the proceedings unfair. Mos…
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Jonga v S (CA&R295/2019) [2020] ZAECGHC 23; 2020 (1) SACR 550 (ECG) (3 March 2020)
The High Court upheld an appeal against sentence for dealing in mandrax, finding the magistrate had imposed a shockingly severe sentence and replacing it with a wholly suspended term.
Tyhulu v S (1173/2016) [2019] ZASCA 51 (1 April 2019)
The Supreme Court of Appeal found no reasonable prospects on the corruption counts, but granted leave to appeal on the drug counts and related sentence.
Okeke v S (A167/2018) [2018] ZAGPPHC 325 (10 May 2018)
The appeal court found that the magistrate correctly assessed the cumulative factors relevant to bail, including the appellant's lack of strong family ties, discrepancies in his affidavits, ownership of assets not registered in his name, and the absence of extradition treaties with Nigeria and Ghana. The appellant's escape from lawful custody further indicated a flight risk. The appellant failed to discharge the onus of showing that the interests of justice permitted his release on bail. The magistrate's decision was properly motivated and not shown to be wrong, and thus the refusal to grant…
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Matame v S (CA&R129/2016) [2017] ZAECGHC 38 (31 March 2017)
The appeal court found that the sentence imposed by the trial court was inappropriate given the appellant's status as a first offender and the quantity of dagga involved, which was less than in comparable cases. The magistrate failed to properly individualise the sentence and did not give due consideration to suspending a portion of the imprisonment. The court held that a sentence of six years' imprisonment, with two years suspended for five years on condition of not committing a similar offence, was just in the circumstances and aligned with sentencing guidelines from comparable cases.
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Skapu v S (CA&R69/2012) [2016] ZAECGHC 15 (24 March 2016)
Appeal against a five-year sentence for dealing in dagga was dismissed. The court found no misdirection and held correctional supervision was unsuitable.
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