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South Africa decisions
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Majosi v S (K/S 16/17) [2024] ZANCHC 55 (7 June 2024)
The High Court refused leave to appeal against convictions for robbery with aggravating circumstances and murder, and against the sentences imposed.
S v Nwodo (R41/2023) [2023] ZAFSHC 407 (20 October 2023)
The High Court confirmed the conviction of Kenneth Chukwuebuka Nwodo but corrected a sentencing error caused by a mistaken reference to a repealed provision.
Breakfast v S (CA&R182/2016) [2016] ZAECGHC 123 (8 November 2016)
The appeal court set aside a drugs sentence because the magistrate failed to wait for a social worker’s report about the appellant’s minor children.
S v Legoa (33/2002) [2002] ZASCA 122; [2002] 4 All SA 373 (SCA); 2003 (1) SACR 13 (SCA) (26 September 2002)
The Supreme Court of Appeal held that the minimum sentencing provisions of Act 105 of 1997 require the State to prove all elements of the scheduled offence, including the value threshold, before conviction. The evidence established that the dagga seized was worth at most R20,000 in bulk, far below the R50,000 threshold required for the minimum sentence. The trial court erred in accepting the street value per gram without evidence that bulk dagga would fetch the same price. Furthermore, the appellant was not properly warned that the minimum sentencing legislation would be invoked, and the char…
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