South Africa Case Law

Mtshweni v S (A611/15)

Mtshweni v S (A611/15) [2017] ZAGPPHC 1211 (19 October 2017)

Court

North Gauteng High Court, Pretoria

Case number

A611/15

Judges

M Sello, M J Teffo

The appeal court found that the trial court correctly evaluated the evidence, was alive to the applicable legal principles regarding contradictions, and made sound credibility findings. The alleged contradictions in the State's case were not material and did not affect the reliability of the witnesses. The appellant failed to demonstrate any misdirection on fact or law by the magistrate. Regarding sentence, the court held that the trial court exercised its discretion properly, considered mitigating circumstances, and imposed a sentence below the statutory minimum for possession of an unlicens…

Source excerpt

• Attempted Murder
• Malicious Damage To Property
• Possession Of Unlicensed Firearm
• Housebreaking With Intent To Assault
• Assault With Intent To Do Grievous Bodily Harm
• Pointing Of A Firearm

S v Meintjies

S v Meintjies [2008] ZAFSHC 95 (29 June 2008)

Court

Free State High Court, Bloemfontein

Case number

A11/06

Judges

Van Zyl, Malherbe, Beckley

The appeal against convictions failed, but the High Court reduced the sentence for assault-related housebreaking and corrected the rape sentence to 10 years.

• Housebreaking With Intent To Assault
• Housebreaking With Intent To Rape
• Rape
• Sentencing Principles
• Minimum Sentences Act
• Criminal-law