South Africa Case Law

Daly v Road Accodent Fund

Daly v Road Accodent Fund [2006] ZAFSHC 169; [2006] ZAFSHC 141 (16 February 2006)

Court

Free State High Court, Bloemfontein

Case number

A108/2004

Judges

Ebrahim, Matsepe

The court found that the appellant was not acting under duress or compulsion in any of the offences. The evidence from the complainants established that the appellant played a leading and aggressive role, particularly in the attempted murder and robberies. The appellant's version was improbable and contradicted by the facts, including his failure to escape or report the incidents. The court held that there was no duplication of convictions in counts 2 and 3, as they related to separate acts against different complainants. The application for condonation was granted due to the appellant's yout…

Source excerpt

• Attempted Murder
• Robbery With Aggravating Circumstances
• Duress Defence
• Condonation Of Late Appeal
• Sentence Concurrency

S v Dladla (675/93, 676/93)

S v Dladla (675/93, 676/93) [1994] ZASCA 187 (30 November 1994)

Court

Supreme Court of Appeal

Case number

675/93, 676/93

Judges

E M Grosskopf, Eksteen, F H Grosskopf

Appeal in a murder-and-sentencing case dismissed on conviction; death sentences were postponed pending constitutional review.

• Murder
• Attempted Murder
• Death Penalty
• Duress Defence
• Alibi
• Politically Motivated Violence

S v Kruger and Another (508/92)

S v Kruger and Another (508/92) [1994] ZASCA 88 (24 May 1994)

Court

Supreme Court of Appeal

Case number

508/92

Judges

Hefer, Eksteen, Harms

The Supreme Court of Appeal found that the convictions for murder and robbery were supported by credible and corroborated evidence, including confessions, pointing-out, and witness testimony. The trial court correctly rejected the defences of duress and epilepsy, as they were not substantiated by the facts or applicable legal standards. The sentences for robbery were excessive and not properly ordered to run concurrently; the court substituted lower sentences and directed concurrency where appropriate. The death sentences for both appellants were upheld, subject to determination of their cons…

Source excerpt

• Murder
• Robbery
• Sentencing
• Admissibility Of Evidence
• Duress Defence
• Death Penalty