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South Africa decisions
Decisions matching the current search
Magano v S (CA12/2020) [2024] ZANWHC 254 (11 October 2024)
The High Court upheld an appeal against sentence, antedated the sentence to 31 January 2017, and ordered that the appellant be release if still detained.
Mavundla v S (AR535/2019) [2024] ZAKZPHC 125 (23 August 2024)
The regional magistrate materially misdirected herself by failing to consider the cumulative effect of the sentences imposed, resulting in an effective sentence of 22 years imprisonment that was disproportionally harsh and induced a sense of shock. The court held that while the offences and the appellant's criminal history were serious and aggravating, the interests of justice required a balanced approach that considered the appellant's personal circumstances, the time spent awaiting trial, and the principle that aggregate sentences should not be unduly severe. The court substituted the sente…
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Gwambe v S (CA 17/2020) [2024] ZANWHC 60 (5 March 2024)
The appeal against sentence was upheld because the sentence of twenty-five years imprisonment for housebreaking with intent to steal and theft was found to be excessive and not in line with established sentencing principles. The court held that the trial court failed to adequately consider the appellant's personal circumstances and the nature of the offence. The sentence was reduced to twelve years imprisonment, antedated to the original sentencing date. The conviction and sentence under the Immigration Act were confirmed, as the appellant admitted to the offence and the requirements of the A…
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S v Sibiya (CA & 47/2021) [2021] ZANCHC 57 (22 October 2021)
The High Court corrected a magistrate’s sentence record to state that counts 1 and 3 were taken together for sentence, and otherwise confirmed the suspended sentence.
S v Ramokgoa (R18/2021) [2021] ZAFSHC 122 (29 April 2021)
High Court review holding that entry through an open garage door did not amount to housebreaking. The conviction was reduced to theft and the sentence amended.
S v Makgetla (R17/2021) [2021] ZAFSHC 121 (29 April 2021)
On review, the High Court held that the accused’s plea facts proved theft only, not housebreaking, because entry through an open window is not breaking.
Tshokolo v S (A58/2019) [2020] ZAGPPHC 411 (21 August 2020)
The court found that the appellant's explanation for the presence of his blood at the crime scene was a fabrication and highly improbable, given the physical evidence and the testimony of state witnesses. The DNA evidence conclusively linked the appellant to the crimes, and his version was not reasonably possibly true. The credibility findings of the trial court were upheld, as the state witnesses were reliable and did not falsely implicate the appellant. The appellant failed to provide a plausible explanation for the DNA match in the rape and attempted robbery counts. The court held that the…
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Mokgaratso and Another v S (A22/2018) [2020] ZAGPPHC 420 (11 August 2020)
Appeal dismissed in a housebreaking and theft matter, with the High Court upholding conviction and sentence on circumstantial evidence and recent possession.
Filda v S (A245/2018) [2019] ZAFSHC 72 (31 May 2019)
Appeal against conviction and 12-year sentence for housebreaking with intent to steal and theft dismissed; the High Court upheld the trial court’s findings on circumstantial evidence and sentencing.
Msiya v S (AR654/2017) [2018] ZAKZPHC 41 (31 August 2018)
The High Court set aside convictions entered under s112(1)(a) for serious housebreaking charges, withdrew a prior certification, and ordered the matters retried de novo.
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