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Britz v S (613/09) [2010] ZASCA 71; 2010 (2) SACR 524 (SCA) (27 May 2010)
Criminal appeal on whether post-sentence evidence about the appellant’s children justified admitting new evidence and reducing a custodial sentence.
Povlsen and Another v S (A594/08) [2009] ZAWCHC 11 (18 February 2009)
The court found that the only new fact presented was the State's decision not to call the appellants' minor children as witnesses, which removed the risk of influencing their testimony. However, the court held that this fact was insufficient to outweigh the strength of the prima facie case against the appellants, the risk of flight due to their lack of ties to South Africa and foreign citizenship, and the risk of interference with witnesses and evidence. The interests of the children, while important, did not override these public interest considerations. The court assumed in favour of the ap…
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