South Africa Case Law

Thwala v S (AR 387/12)

Thwala v S (AR 387/12) [2013] ZAKZPHC 57; 2014 (1) SACR 414 (KZP) (5 September 2013)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR 387/12

Judges

Madondo, Kruger, Seegobin

The court held that the appellant's unexplained possession of both the murder weapon and the robbed cellphone, one and a half months after the incident, constituted overwhelming circumstantial evidence of his participation in the robbery and murder. The identification of the cellphone was found to be sufficient, and the appellant's conduct, including his attempt to escape and false claims of police assault, further supported the inference of guilt. The doctrine of recent possession was applicable given the rural context and the nature of the items, making it improbable that the appellant inno…

Source excerpt

• Robbery With Aggravating Circumstances
• Murder
• Circumstantial Evidence
• Doctrine Of Recent Possession
• Identification Of Stolen Property

S v Mudarai and Others

S v Mudarai and Others [2007] ZAFSHC 102 (28 September 2007)

Court

Free State High Court, Bloemfontein

Case number

A223/2007

Judges

Malherbe, Van der Merwe

The High Court granted condonation for a late leave-to-appeal application but refused leave, finding no reasonable prospects of success on the conviction challenge.

• Condonation For Late Application
• Leave To Appeal
• Robbery With Aggravating Circumstances
• Identification Of Stolen Property
• Condonation-for-late-application
• Leave-to-appeal

S v Nieuwoudt (181/03)

S v Nieuwoudt (181/03) [2003] ZANCHC 17 (1 January 2003)

Court

Northern Cape High Court, Kimberley

Case number

181/03

Judges

Majiedt R, Olivier WNR

High Court review of a burglary and theft conviction. Charge 2 was set aside because the State failed to prove ownership and identification of the goods.

• Housebreaking
• Recent Possession
• Identification Of Stolen Property
• Admissibility Of Hearsay Evidence
• Criminal-law
• Recent-possession

S v Tongwane (3/01)

S v Tongwane (3/01) [2001] ZANWHC 4 (1 February 2001)

Court

North West High Court, Mafikeng

Case number

3/01

Judge

M M Leeuw

On review, the High Court confirmed a stock theft conviction for five cattle but reduced the sentence after finding the magistrate exceeded the amended statutory maximum.

• Stock Theft
• Sentencing Review
• Identification Of Stolen Property
• First Offender
• Statutory Sentencing Limits
• Stock-theft

S v Ubisi (390/94)

S v Ubisi (390/94) [1995] ZASCA 89 (7 September 1995)

Court

Supreme Court of Appeal

Case number

390/94

Judges

Van den Heever, Hefer, Vivier

The court dismissed Cain Ubisi’s appeal against conviction for theft of a Mitsubishi truck and refused leave to lead further evidence on appeal.

• Theft
• Identification Of Stolen Property
• Admissibility Of Evidence
• Onus Of Proof
• Criminal-law
• Identification-of-property