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South Africa decisions
Decisions matching the current search
Mvuna v S (AR 283/23) [2024] ZAKZPHC 69 (23 August 2024)
The High Court reduced a murder sentence from life imprisonment to 20 years after finding the record inadequate and the sentencing approach misguided.
Mokoena v S (A117/2016) [2024] ZAGPPHC 52 (8 January 2024)
The High Court upheld the criminal appeal, set aside the conviction and sentence, and held that the State had not proved guilt beyond reasonable doubt.
Nkhahle v S (A68/2020) [2020] ZAFSHC 246; 2021 (1) SACR 336 (FB) (7 December 2020)
The High Court upheld an appeal against convictions for robbery with aggravating circumstances after finding the identification evidence unreliable and the record deficient.
Bonase v S (A207/2007) [2018] ZAGPJHC 50 (16 March 2018)
The appeal court cannot fairly adjudicate the appeal in the absence of the trial record, as neither the transcript nor any reconstruction is available. The inability to review the evidence and proceedings undermines the appellant's constitutional right to a fair trial and appeal. The responsibility for ensuring the record is available is shared among the appellant, legal representatives, and court officials, but the failure to produce the record constitutes a technical irregularity that justifies setting aside the conviction and sentence. The appellant's right to a fair appeal is paramount an…
Source excerpt
Phakane v S (CCT61/16) [2017] ZACC 44; 2018 (1) SACR 300 (CC); 2018 (4) BCLR 438 (CC) (5 December 2017)
The Constitutional Court held that an incomplete trial record, missing the main witness’s evidence, made a fair appeal impossible and set aside the conviction and sentence.
Slabbert v S (A134/2008) [2009] ZAWCHC 171 (6 November 2009)
The High Court refused condonation for a nine-and-a-half-year delay in seeking leave to appeal, struck the appeal from the roll, but reduced the effective sentence to 12 years.
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