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South Africa decisions
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S v P E (A178/15) [2015] ZAGPPHC 730 (17 March 2015)
On special review, the High Court substituted a child offender’s conviction under the Correctional Services Act with the common-law offence of escaping from lawful custody.
S v Maduna and Another (95/2013) [2013] ZAFSHC 125 (4 July 2013)
The High Court found that the accused did not admit all the elements required for a conviction of escaping from lawful custody, specifically failing to admit lawful arrest and custody. The convictions were therefore not sustainable and had to be set aside. The sentences imposed were found to be shockingly severe and not justified by the circumstances, particularly as the accused were only awaiting trial on other charges. The magistrate misapplied section 276B(1)(a) of the Criminal Procedure Act by ordering that the accused serve their full sentences without parole, disregarding the statutory…
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S v Rosele and Another (CA 100/2008) [2012] ZANWHC 9 (3 April 2012)
The High Court upheld the robbery convictions and the escape conviction, but set aside one robbery conviction because the robbery counts formed a single transaction.
S v Evelio (D1664/2010) [2011] ZAGPJHC 143; 2012 (1) SACR 367 (GSJ) (14 October 2011)
On automatic review, the High Court set aside a conviction for escaping from lawful custody because the State failed to prove a lawful arrest.
S v Nyumbeka (5/1031/10) [2011] ZAWCHC 343; 2012 (2) SACR 367 (WCC) (18 August 2011)
The court found that convicting the accused on both assault and escape charges constituted a duplication of convictions, as the assault was not an independent act but a means to facilitate escape. Applying the evidence and single intent tests, the court concluded that only the escape charge should stand. The accused's conduct met the legal definition of escape under Section 117 of the Correctional Services Act 111 of 1998, as he attained liberty and was not under police control, even if only briefly. The sentence imposed was deemed lenient but not altered, except for deleting the condition re…
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S v Coange (CA&R 54/10) [2010] ZANCHC 53 (29 October 2010)
The court found that the magistrate overemphasized the seriousness of the offence and the interests of the community, while insufficiently considering the appellant's personal circumstances and the fact that he was a first offender for escape from lawful custody. The sentence of five years' imprisonment was deemed harsh and induced a sense of shock. The court held that an appropriate sentence, considering the appellant's guilty plea and limited involvement in the escape, was two years' imprisonment to run concurrently with his existing sentence.
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S v Mabika (CA&R 124/07) [2008] ZANCHC 39 (12 September 2008)
The court found a duplication of convictions between kidnapping and attempted rape, set aside the kidnapping conviction, and reduced the attempted rape sentence.
S v Dube (A07/08) [2008] ZAGPHC 157 (2 June 2008)
High Court review of a conviction for escaping lawful custody. The conviction stood, but the original 10-year sentence was reduced to five years imprisonment.
S v Mambo and Others (143/01) [2006] ZASCA 82; 2006 (2) SACR 563 (SCA) (31 May 2006)
The appeal concerned a fatal escape from custody, common purpose, and mandatory minimum sentences. Appellant 2’s murder conviction was set aside; others largely stood.
S v Kat (CA & R 92/03) [2004] ZANCHC 85 (21 October 2004)
The High Court refused condonation and dismissed a criminal appeal, confirming convictions and sentences after finding no substantial and compelling circumstances.
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