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South Africa decisions
Decisions matching the current search
S v Meso (REV 113/2023) [2023] ZALMPPHC 95 (11 October 2023)
The High Court confirmed theft convictions but set aside a consolidation order made after guilty pleas, remitting the matter for separate sentencing on each charge.
Mokoena v S (81/2019) [2022] ZAFSHC 111 (23 May 2022)
The High Court dismissed condonation for a late leave-to-appeal application against a 30-year sentence imposed under a s 105A plea agreement.
Oliphant and Another v S (C.A. & R: 26/2015) [2015] ZAECGHC 48 (7 May 2015)
Appeal against convictions for housebreaking and robbery succeeded after the court found the identification parade unreliable and prejudicial.
S v Tsokela (A930/2014) [2015] ZAGPPHC 18 (8 January 2015)
On special review, the High Court confirmed Tsokela’s conviction and sentence for possession of breaking implements, but set aside the firearm unfitness order.
S v Nkutha and Another (R 2267/10) [2011] ZAKZPHC 43 (6 October 2011)
On automatic review, the High Court set aside two assault convictions after finding gross procedural irregularities, excessive judicial intervention, and an unfair trial.
S v Nyalunga (A 256/09) [2009] ZAGPPHC 241 (31 March 2009)
The court found that the State's case relied entirely on the confessions of the accused, which were challenged as not being freely and voluntarily made. The magistrate failed to conduct a trial within a trial to determine the admissibility of the confessions, which is a distinct issue from the merits. This procedural irregularity constitutes an injustice and renders the trial unfair. Without the confessions, there was no evidence to support the convictions. The irregularity could not be condoned, and the convictions and sentences, as well as the orders declaring the accused unfit to possess a…
Source excerpt
S v Motaung (ECJ 079/2005) [2005] ZAECHC 33; 2007 (1) SACR 476 (SE) (19 October 2005)
The High Court held that failing to swear in an intermediary was an irregularity, but it caused no failure of justice. Conviction stood; sentence was reduced to 10 years.
S v Raphela (72/2002) [2002] ZANWHC 47 (12 December 2002)
The High Court set aside a conviction and sentence after finding that the magistrate wrongly barred cross-examination on a witness’s prior statement.
S v Chubisi and Another (610/2001) [2001] ZANCHC 21 (21 September 2001)
Review judgment setting aside a 15-year-old accused’s conviction and sentence for procedural irregularity, including failure to explain discharge under section 174.
S v Phelane (16/2001) [2001] ZANWHC 18 (3 April 2001)
The High Court set aside a negligent driving conviction because the unrepresented accused was not told of his rights after the State closed its case.
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