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South Africa decisions
Decisions matching the current search
S v Dlamini (R39/2022) [2022] ZAKZPHC 52 (12 September 2022)
The High Court set aside a conviction for failure to attend court after finding the accused was denied a fair hearing and opportunity to explain his absence.
S v Mofokeng (168/2014(B)) [2014] ZAFSHC 178 (18 September 2014)
The magistrate failed to conduct a proper enquiry as required by section 170(2) of the Criminal Procedure Act and the principles established in S v Singo. The witness was not given a fair opportunity to explain his absence, nor was the adequacy of the subpoena's service properly examined. The explanation provided by the witness, that his transport did not arrive, was not properly considered and could constitute a reasonable excuse. Furthermore, the magistrate imposed a fine that, while permissible under the Adjustment of Fines Act, was irrelevant as the conviction itself was unlawful. The con…
Source excerpt
S v Macholo (734/2004) [2004] ZAFSHC 54 (3 June 2004)
On review, the court upheld the conviction for stock theft but reduced the sentence for stealing one sheep and replaced a disproportionate alternative term of imprisonment.
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