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South Africa decisions
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Mahlangu v S (A7/2021) [2021] ZAGPPHC 702 (26 October 2021)
The High Court dismissed an appeal against rape and assault convictions, upholding the complainant’s evidence, corroboration, and the non-parole period.
V.M.M v S (A303/2020) [2021] ZAGPPHC 403 (17 June 2021)
Appeal against rape and kidnapping convictions dismissed; the High Court upheld the trial court’s findings and life sentence.
Sithole v S (A402/2018) [2019] ZAGPPHC 1060 (22 November 2019)
The High Court upheld an appeal against a habitual criminal declaration, finding the magistrate had not exercised discretion judicially and replacing it with a prison sentence.
Molotsi v S (A890/2016) [2018] ZAGPPHC 483 (23 May 2018)
The court found that the magistrate had properly considered all relevant mitigating and aggravating circumstances, including the appellant's personal circumstances and the severity of the offence. The magistrate provided reasons for imposing a sentence higher than the statutory minimum, citing the brutal nature of the attack and the appellant's lack of remorse. The court held that there was no misdirection or procedural irregularity, and that the failure to specifically apprise the appellant of the possibility of a higher sentence did not constitute a defect. The appeal against sentence was t…
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Mashiyane v S (A313/2016) [2017] ZAGPPHC 329 (22 June 2017)
The High Court dismissed an appeal against life imprisonment for rape of a minor, finding no substantial and compelling circumstances to justify a lesser sentence.
Rapitso v S (A67/2017) [2017] ZAFSHC 89 (8 June 2017)
The court found that the trial court did not err in imposing a life sentence for rape, as the facts established that grievous bodily harm was inflicted during the commission of the rape. The appellant was made aware of the potential for a life sentence at the outset of the trial, and the charge sheet referenced the relevant statutory provisions. The court held that the assault was not a separate act but formed part of a continuous intention to subdue the complainant for the purpose of rape, rendering the second charge a duplication. The trial court properly exercised its discretion, and there…
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Mthombeni v S (A752/2015) [2016] ZAGPPHC 1096 (4 November 2016)
High Court appeal on three rape convictions and sentence: convictions were upheld, but the original 45-year effective sentence was replaced with 20 years, partly suspended.
Pholoana and Others v S (A231/2015) [2016] ZAFSHC 87 (26 May 2016)
The court found that the appellants had severely assaulted the deceased, disregarded police advice to take the deceased to the police station, and instead took the law into their own hands, resulting in the deceased's death. The conduct of the appellants undermined the justice system and demonstrated a lack of contrition. The court weighed the mitigating factors, including the appellants' personal circumstances, against the aggravating circumstances and the interests of the community. It concluded that the sentence imposed was not unjust and that the trial court had exercised its discretion j…
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Mkhabela and Another v S (A328/14) [2016] ZAGPPHC 76 (15 February 2016)
The court found that the trial Magistrate correctly evaluated the evidence as a whole, properly applied the cautionary rule regarding identification, and gave sufficient reasons for admitting and rejecting certain evidence. The identification of the appellants was found to be reliable, particularly as some witnesses knew the appellants prior to the incidents and had good opportunities to observe them. The discrepancies in the State's case were not material. Regarding sentence, the trial court exercised its discretion appropriately, finding substantial and compelling circumstances to deviate f…
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Marota v The State (300/15) [2015] ZASCA 130 (28 September 2015)
The Supreme Court of Appeal dismissed Marota’s appeal against a 21-year effective sentence for rape and abduction of a 14-year-old complainant.
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