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South Africa decisions
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J.B v S (A24/2022) [2023] ZAGPJHC 839 (27 July 2023)
On automatic appeal against sentence, the High Court held the magistrate’s discretion was properly exercised and dismissed the appeal.
Habana v S (92/2021) [2022] ZAECMKHC 51 (16 August 2022)
The court found that the magistrate misdirected herself in accepting the complainant's version without sufficient scrutiny and in applying the concept of grooming, which was not supported by the evidence. The relationship between the appellant and complainant did not reflect the power dynamics or prolonged inducement typical of grooming cases. The evidence indicated that the sexual acts were consensual, though the complainant was underage. Accordingly, the conviction for rape was set aside and substituted with a conviction for statutory rape under section 15(1)(a) of Act 32 of 2007. The court…
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Kavi v S (CA&R40/2021) [2022] ZAECBHC 19 (10 June 2022)
The court found that the magistrate correctly approached the evidence with the necessary caution applicable to a single child witness in a rape case. The complainant's evidence was detailed, consistent, and corroborated by medical testimony, and there was no credible evidence to support the appellant's version or to suggest fabrication. The magistrate's findings on the commission of rape and the transmission of HIV were supported by the evidence. The sentence of life imprisonment was imposed in accordance with statutory requirements, and no substantial and compelling circumstances were presen…
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F B v S (134/2018) [2019] ZAGPJHC 31 (12 February 2019)
The court found that the magistrate correctly weighed the mitigating and aggravating factors and concluded that there were no substantial and compelling circumstances justifying deviation from the prescribed minimum sentence of life imprisonment. The appellant's ill-health and personal circumstances, considered individually and cumulatively, did not outweigh the gravity of the offence, which involved repeated rape of a 12-year-old, resulting in pregnancy and HIV infection. The trial court's discretion was properly exercised, and there was no misdirection or manifest inappropriateness in the s…
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Mazibuko v S (A224/2013) [2014] ZAGPPHC 499 (25 February 2014)
The High Court upheld an appeal against a rape sentence, finding the trial court misdirected itself and replacing life imprisonment with 12 years.
Phiri v S (A 400/2012) [2013] ZAGPPHC 279; 2014 (1) SACR 211 (GNP) (8 August 2013)
Appeal dismissed. The High Court upheld an attempted murder conviction for unprotected sex by an HIV-positive accused and confirmed a six-year sentence.
S v Olifant (CA&R 42/2011) [2011] ZANCHC 20 (2 September 2011)
The High Court dismissed an appeal against conviction for rape, kidnapping and assault, finding the complainant credible and the appellant’s version improbable.
Franks v MEC for the Department of Health for the Province of Kwazulu-Natal (2958/02) [2010] ZAKZPHC 1 (20 January 2010)
The court found, on the balance of probabilities, that the defendant's paramedics failed to exercise the degree of care and skill required of reasonable paramedical professionals. The evidence established that the paramedics handled both the deceased and the plaintiff at the accident scene, did not reliably follow protocols to prevent cross-contamination, and attempted medical interventions for which they were not qualified. The plaintiff's infection was temporally linked to the accident, and all other possible sources of HIV infection were excluded by credible expert testimony. The court pre…
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