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South Africa decisions
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Nyathi and Another v S (A133/2020) [2024] ZAGPPHC 121 (6 February 2024)
High Court appeal in a rape and robbery case dismissed both conviction and sentence appeals, upholding the complainant’s identification and minimum sentences.
S v Pokola (Special Review) (CA&R 38/2023) [2023] ZANCHC 63; 2023 (2) SACR 643 (NCK) (24 August 2023)
High Court review of a magistrate’s departure from a plea and sentence agreement under section 105A of the CPA, resulting in the conviction and sentence being set aside.
S v Moholobela (CA&R 29/23) [2023] ZANCHC 44 (11 August 2023)
The High Court set aside a guilty plea conviction because the accused was convicted on a charge sheet belonging to someone else.
Mushininga v S (A217/2022) [2023] ZAGPPHC 643 (2 August 2023)
The court found no misdirection in the sentencing by the trial court. The appellant's time spent in custody was not a compelling factor due to his escape from custody. The absence of serious physical injury to the victim was not sufficient to justify a lesser sentence, as established in precedent. The appellant abused a position of trust as the victim's stepfather, and the offences were not isolated incidents. The impact on the victim and her family was severe, and the need for deterrence and protection of vulnerable persons was emphasized. The legislated minimum sentence for rape was deemed…
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S v Dube (CC03/22) [2022] ZAMPMBHC 28; 2023 (1) SACR 513 (MM) (3 May 2022)
The court found that Mr Dube broke into the deceased's home with the intention to cause her bodily harm and carried out the assault with a knife, knowing that such an act could result in death. Despite this knowledge, he continued with the assault, stabbing the deceased five times and severing a major artery. The evidence established that Mr Dube premeditated the assault and reconciled himself with the possibility of causing death, satisfying the requirements for dolus eventualis. The court held that premeditated murder is established where the perpetrator plans to cause bodily harm and fores…
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Hlongo and Others v S (A140/2020;SA53/2020) [2022] ZAGPPHC 399 (3 March 2022)
Appeal against sentence in a robbery and immigration matter. The High Court ordered full concurrency for three appellants and concurrency with an existing sentence for the second appellant.
S v Lucas (CC72/2019) [2022] ZAGPPHC 366 (31 January 2022)
The court found that the accused was positively identified by three independent eyewitnesses, whose evidence regarding lighting, visibility, and opportunity for observation was corroborated by objective facts and the accused's own admissions. The accused's alibi was unsupported and contradicted by his own testimony regarding clothing and presence. The identification parade was conducted in accordance with police practice and provided sufficient protection to the accused. The accused admitted to presenting fraudulent asylum documents, and this was uncontested. The court rejected the accused's…
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Maphosa v S (A198/2020) [2021] ZAGPPHC 84 (1 March 2021)
High Court dismissed an appeal against rape and immigration convictions, upheld life imprisonment for raping a minor, and ordered deportation after sentence.
S v Molatsa (01/2021; 01/472/2019) [2021] ZANWHC 7 (29 January 2021)
Special review of a guilty plea for immigration offences was set aside, with directions to assist the accused to apply for South African citizenship.
S v Mudenda (CA&R 04/2021) [2021] ZAECGHC 5 (12 January 2021)
On automatic review, the High Court confirmed an eight-month sentence for unlawful presence in South Africa and held the proceedings were in accordance with justice.
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