South Africa Case Law

Shongwe v S (991/2019)

Shongwe v S (991/2019) [2024] ZASCA 127 (26 September 2024)

Court

Supreme Court of Appeal

Case number

991/2019

Judges

Mabindla-Boqwana, Kgoele, Mantame

The Supreme Court of Appeal found that the high court correctly inferred premeditation from the appellant's conduct, including the tying and suffocation of the deceased, locking of doors, and possession of the deceased's property. The appellant's version that the intention to steal was formed after the killing was rejected, as the facts demonstrated a well-orchestrated plan to kill and rob. The court held that the appellant's actions amounted to premeditated murder and robbery with aggravating circumstances, not mere theft. The appeal against both convictions was dismissed as the evidence ove…

Source excerpt

• Premeditated Murder
• Robbery With Aggravating Circumstances
• Asphyxia Due To Ligature Strangulation
• Alibi Defence
• Intention To Steal

Schell v Rall (A545/2016)

Schell v Rall (A545/2016) [2017] ZAGPPHC 1177 (26 October 2017)

Court

North Gauteng High Court, Pretoria

Case number

A545/2016

Judges

D S Molefe, C Collis

The High Court upheld most conviction and sentence appeals, finding flaws in the fraud and theft findings and substituting suspended sentences on the remaining VAT counts.

• Fraud
• Theft
• Vat Fraud
• Intention To Steal
• Misrepresentation
• Sentencing Principles

Ludick v S (A48/2017)

Ludick v S (A48/2017) [2017] ZAGPJHC 453 (7 September 2017)

Court

South Gauteng High Court, Johannesburg

Case number

A48/2017

Judges

Windell, Siwendu

The High Court upheld Ludick’s appeal against a theft conviction, finding the State failed to prove intent to steal beyond reasonable doubt.

• Theft
• Intention To Steal
• Administration Of Estates Act
• Onus Of Proof
• Animus Furandi
• Intent-to-steal

S v Masha (3214/07)

S v Masha (3214/07) [2010] ZAGPPHC 298 (5 January 2010)

Court

North Gauteng High Court, Pretoria

Case number

3214/07

Judges

B.R du Plessis, C. Botha

Automatic review of a theft conviction was set aside because, although the accused was unlawfully on the premises, reasonable doubt remained about intent to steal.

• Theft
• Intention To Steal
• Abandonment Of Property
• Subjective Intention
• Scrap Metal
• Burden Of Proof

S v Machitje (763/2008)

S v Machitje (763/2008) [2009] ZAFSHC 7 (29 January 2009)

Court

Free State High Court, Bloemfontein

Case number

763/2008

Judges

C. H. G. Van der Merwe, A. F. Jordaan

The High Court set aside a guilty-plea conviction because the accused’s answers did not clearly admit an intention to steal. The matter was remitted under section 113.

• Housebreaking
• Intention To Steal
• Section 112 1 B Criminal Procedure Act
• Section 113 Criminal Procedure Act
• Section 312 1 Criminal Procedure Act
• Criminal-law