South Africa Case Law

Baisley v S (CA & R 244/2022)

Baisley v S (CA & R 244/2022) [2024] ZAECMKHC 37 (28 March 2024)

Court

Eastern Cape High Court, Makhanda

Case number

CA & R 244/2022

Judges

Gqamana, A Govindjee

The appeal succeeded because the trial court misdirected itself by accepting the complainant's evidence as clear and satisfactory without properly scrutinizing the material contradictions and improbabilities. The appellant's version was not challenged in cross-examination, leaving her guilt in doubt. The injuries sustained by the complainant did not corroborate her version of events, and the circumstances rendered the alleged assault improbable. The State failed to prove the appellant's guilt beyond reasonable doubt, and the benefit of the doubt should have been afforded to the appellant. Con…

Source excerpt

• Single Witness Rule
• Onus Of Proof
• Misdirection
• Failure To Cross Examine

S v Kameli (CA&R 24/96)

S v Kameli (CA&R 24/96) [1997] ZAECHC 9 (7 February 1997)

Court

High Courts - Eastern Cape

Case number

CA&R 24/96

Judges

Ebrahim, Dhlodhlo

The High Court upheld a conviction for assault with intent to commit grievous bodily harm and confirmed a two-year sentence after rejecting the appeal.

• Assault With Intent To Commit Grievous Bodily Harm
• Failure To Cross Examine
• Credibility Of Accused
• Sentencing Principles
• First Offender
• Judicial Duties