South Africa Case Law

S v Botha (29/2015, 7/2015)

S v Botha (29/2015, 7/2015) [2016] ZANCHC 61 (29 January 2016)

Court

Northern Cape High Court, Kimberley

Case number

29/2015

Judges

Mamosebo, Erasmus

The review court found that the accused was not properly informed of his right to legal representation and was discouraged from exercising it. The questioning under section 112(1)(b) of the Criminal Procedure Act was inadequate, as the accused did not admit all elements of the offence, including the prescribed blood alcohol limit and timing of the blood sample. The magistrate's conduct constituted a procedural irregularity, as admissions were elicited from an unrepresented accused without proper safeguards. The prosecutor also expressed doubts about the sufficiency of the admissions. As the o…

Source excerpt

• Fair Trial Rights
• Legal Representation
• Guilty Plea Procedure
• Blood Alcohol Evidence
• Magistrate Irregularity

S v Hogg (R440/2012)

S v Hogg (R440/2012) [2012] ZAKZPHC 39 (26 June 2012)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

R440/2012

Judges

D. Pillay, Nkosi

The High Court reviewed and set aside a magistrate’s conviction and sentence for drunk driving after finding key admissions and mandatory licence-enquiry omissions.

• Driving Under Influence
• National Road Traffic Act
• Criminal Procedure Act Review
• Licence Suspension
• Magistrate Irregularity
• Driving-under-influence

S v Molehe (309/2008)

S v Molehe (309/2008) [2008] ZAFSHC 58 (11 July 2008)

Court

Free State High Court, Bloemfontein

Case number

309/2008

Judge

Van der Merwe

On automatic review, the High Court set aside the conviction and sentence for assault, finding gross irregularities that deprived the accused of a fair trial.

• Fair Trial Rights
• Magistrate Irregularity
• Cross Examination
• Admissibility Of Evidence
• Fair-trial-rights
• Criminal-review

S v Kgomotsana (189/2008)

S v Kgomotsana (189/2008) [2008] ZAFSHC 35 (5 June 2008)

Court

Free State High Court, Bloemfontein

Case number

189/2008

Judges

Mocumie, Molemela

High Court review setting aside a magistrate’s conviction and sentence because the unrepresented accused was not properly assisted with cross-examination.

• Fair Trial Rights
• Cross Examination
• Magistrate Irregularity
• Impartiality Of Presiding Officer
• Fair-trial-rights
• Cross-examination

Coetzer v S (A548/2007)

Coetzer v S (A548/2007) [2008] ZAWCHC 178 (18 April 2008)

Court

Western Cape High Court, Cape Town

Case number

A548/2007

Judges

Van Reenen, Dlodlo

The High Court dismissed an appeal against sentence for cocaine trafficking, finding no material misdirection and no basis to interfere with the 15-year sentence.

• Drug Trafficking Act
• Sentencing Principles
• Magistrate Irregularity
• Fair Trial Rights
• Criminal-law
• Sentencing-principles