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South Africa decisions
Decisions matching the current search
Tlaki v S - Appeal (A182/2022) [2023] ZAFSHC 395 (12 October 2023)
The High Court dismissed an appeal against a rape conviction and 25-year sentence, finding minor inconsistencies immaterial and the complainant credible.
Ngake v S (A136/21) [2022] ZAGPPHC 20 (11 January 2022)
The court found that the complainant's evidence was credible and corroborated by medical and police testimony. The appellant's version was improbable and unsupported by independent evidence. The circumstances of the offence, including the fact that the complainant was raped multiple times by more than one perpetrator acting in common purpose, triggered the minimum sentencing provisions. The factors advanced by the appellant—such as the complainant's alleged consent, lack of serious injury, and her testimony in open court—did not constitute substantial and compelling circumstances under the Mi…
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M.E.T v S (A127/2020) [2021] ZAGPPHC 380 (17 June 2021)
The High Court dismissed an appeal against convictions for theft and two counts of rape, and upheld two concurrent life sentences.
Diseko v S (A600/2017) [2019] ZAGPPHC 1010 (12 December 2019)
High Court appeal partly upheld: rape conviction stood, but life imprisonment was replaced with 20 years, and the robbery conviction was set aside.
M N v S (A33/2019) [2019] ZAFSHC 193 (15 August 2019)
The court held that the trial court erred in applying section 51(1) of the Criminal Law Amendment Act to count 4, as the co-perpetrators were not before the court or convicted, in line with the precedent set in Mahlase. Therefore, the prescribed minimum sentence of life imprisonment was not competent, and the sentence should fall under section 51(2)(b) Part III of Schedule 2, with a minimum of 10 years imprisonment. Given the seriousness of the offence and absence of substantial and compelling circumstances, the court found it just to increase the sentence for count 4 to 15 years imprisonment…
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Ngwenya v S (A169/2018) [2019] ZAGPJHC 11 (20 February 2019)
The High Court confirmed convictions for assault, kidnapping and rape, but corrected the sentence to six years each for assault and kidnapping, plus life imprisonment for rape.
Nonkombana v The State (CA231/2017) [2018] ZAECGHC 98 (9 October 2018)
The High Court dismissed a rape appeal, upholding findings that the complainant did not consent and that life sentences were justified under minimum-sentence law.
Mvuyane v S (A687/2016) [2018] ZAGPPHC 326 (2 May 2018)
The High Court dismissed an appeal against a life sentence for rape, finding the aggravating features and gang-rape context outweighed mitigation.
Nkwanyana v S (AR108/16) [2016] ZAKZPHC 82 (27 September 2016)
The High Court dismissed a rape appellant’s challenge to DNA-based conviction and life sentence, finding the evidence and chain of custody reliable.
Mouers v S (CA38/2013) [2016] ZANWHC 35 (7 July 2016)
The High Court dismissed a criminal appeal against rape conviction and life sentence, finding the evidence sufficient, the trial fair, and no sentencing misdirection.
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