Seleke v S (A879 /14) [2015] ZAGPPHC 772 (26 October 2015)
Court
North Gauteng High Court, Pretoria
Case number
A879 /14
Judges
N A Engelbrecht, Ranchod
The High Court upheld the rape, assault and housebreaking convictions, but set aside the convictions on two rape counts and remitted sentence for reconsideration.
S v Malinga (290/91) [1991] ZASCA 192 (29 November 1991)
Court
Supreme Court of Appeal
Case number
290/91
Judges
Eksteen, Joubert, Van Heerden, Vivier, F.H. Grosskopf
The Supreme Court of Appeal held that the trial court erred in relying on the appellant's confession to a peace officer and his evidence in the trial-within-a-trial to establish direct intent in the Brinck murder. The only admissible evidence established that the appellant was part of a group and did not personally inflict the fatal wounds, and his intent was at most dolus eventualis. In the Grey murder, the court found that the appellant did not enter the house with the intent to kill, and the killing occurred in a desperate attempt to escape after being chased. The court concluded that, con…