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South Africa decisions
Decisions matching the current search
S v Moleleki (37/2020) [2021] ZAFSHC 19 (29 January 2021)
Sentencing judgment in a murder and robbery case: the court found substantial and compelling circumstances, imposed concurrent terms, and declared the accused unfit to possess a firearm.
Molefe v S (A124/2012) [2020] ZAGPJHC 298 (29 May 2020)
High Court appeal on rape and kidnapping. Three rape convictions and one kidnapping conviction were confirmed; a second kidnapping conviction was set aside as duplication.
S v Jujuse (R15/2020) [2020] ZAFSHC 28 (13 February 2020)
The court found that the original sentence imposed by the trial magistrate was ambiguous in its conditions for suspension, failing to specify that the offence must be committed within the period of suspension. Additionally, the reference to Section 103 was incomplete and could cause confusion regarding the accused's status in relation to firearm possession. The court replaced the sentence to clarify that the suspension applies only if the accused is not convicted of contravening section 1(1) of Act 6 of 1959 (Trespassing) committed within the period of suspension, and explicitly declared the…
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Gaosiwe and Another v S (A281/2017) [2019] ZAGPPHC 1001 (24 October 2019)
Appeal against rape convictions and life sentences. Convictions were upheld, but the second appellant’s sentence was reduced to 12 years because he was under 18 at the time of the offence.
Masondo and Another v S (A143/2018) [2019] ZAGPJHC 101 (19 March 2019)
The High Court upheld an appeal against sentence for robbery with aggravating circumstances and reduced both appellants’ prison terms to 13 years and 6 months.
S v Maseko (Sentence) (CC 21/2018) [2018] ZAMPMBHC 4 (28 September 2018)
The court found that the offences committed by the accused were extremely serious, involving three counts of rape, including the rape of a minor under 16 years of age. The crimes were premeditated, involved violence, and caused significant trauma to the victims. The accused's personal circumstances, including his age, education, employment history, and time spent in custody, were considered but did not amount to substantial and compelling circumstances justifying deviation from the minimum sentences prescribed by section 51 of the Criminal Law Amendment Act 105 of 1997. The court emphasized t…
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Ramokone and Others v S (A339/2017) [2018] ZAGPJHC 132 (3 May 2018)
The court found that the identification evidence was reliable, as the witnesses had prior knowledge of the appellants and had sufficient opportunity to observe them during the commission of the offences. The trial court carefully evaluated the evidence, considering the circumstances and opportunities for observation, and correctly applied the relevant legal principles. The contradictions in witness testimony were not material and did not undermine the reliability of the identification. The sentences imposed, though arguably lenient, were not shockingly inappropriate and did not warrant interf…
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Baloyi v S (A468/17) [2017] ZAGPPHC 1085 (1 December 2017)
High Court appeal against a robbery conviction and 15-year sentence dismissed. The court upheld the complainant’s identification of the appellant and found no basis to interfere.
S v Ncube (A798/16) [2016] ZAGPPHC 1174 (21 November 2016)
On review, the High Court confirmed a theft conviction but set aside a 24-month sentence as shockingly inappropriate, replacing it with 8 months wholly suspended.
H.M.A v S (42/2015) [2016] ZANCHC 5 (15 April 2016)
High Court review of a child rape sentence held the magistrate’s order incompetent and remitted the matter for fresh sentencing.
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