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South Africa decisions
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Loannides v S (CA &R 201/2021) [2022] ZAECMKHC 73 (5 October 2022)
The High Court upheld an appeal against sentence, finding the magistrate failed to properly consider correctional supervision and remitted the matter for resentencing.
Tshisani v S (CA&R 129/22) [2022] ZAECMKHC 54 (30 August 2022)
The Magistrate misdirected himself by requiring the appellant to disclose his defence during bail proceedings and by failing to properly weigh and balance all relevant factors, including the appellant's personal circumstances and the absence of evidence that he was a flight risk. The charge sheet did not adequately inform the appellant of the invocation of Schedule 5, which has significant implications for bail and sentencing. The purpose of bail proceedings is not to assess the merits of the defence but to determine whether the interests of justice permit release. The Magistrate's disregard…
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Beyene v S (CA&R 01/2021) [2021] ZAECPEHC 7 (4 February 2021)
High Court appeal against refusal of bail dismissed. The court held that the magistrate’s decision was supported by evidence showing a real flight risk.
Ntantiso v S (CA & R 186/2019) [2020] ZAECPEHC 22 (23 June 2020)
The High Court found that the magistrate misdirected herself by focusing on the improbability of the appellant's version and failing to properly assess the credibility of the complainant as a single witness. The magistrate ignored deficiencies in the complainant's testimony and failed to consider relevant facts, such as the presence of other people in the house and the appellant's conduct after the alleged incident. The evidence presented by the State was vague and lacked corroboration. The appellant's version was reasonably possibly true, and the State failed to discharge the onus of proving…
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S v Nhlanhla (A94/2019) [2019] ZAGPJHC 421 (18 April 2019)
The High Court held that the magistrate had not materially misdirected himself and dismissed Duda Nhlanhla’s criminal appeal.
Maharajh and Others v S (AR552/2015) [2017] ZAKZPHC 67 (3 November 2017)
The High Court upheld the appeal against an extortion conviction, set aside the sentence, and found the trial magistrate failed to assess the evidence properly.
Maliswane and Another v S (59/2015) [2015] ZAECGHC 85; 2017 (1) SACR 26 (ECG) (27 August 2015)
The magistrate misdirected herself by imposing the same sentence on all accused without regard to their differing personal circumstances and criminal histories. She further erred by assuming, without evidence, that the appellants were part of a syndicate and by failing to consider the best interests of their minor children as required by section 28(2) of the Constitution. The refusal to obtain a probation officer's report and the lack of consideration for mitigation constituted further misdirection. As a result, the sentences imposed were inappropriate and must be set aside. Given that the se…
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Solontsi v S (CA&R 23/12) [2015] ZAECMHC 50 (23 April 2015)
The High Court upheld a rape appeal, finding the magistrate misdirected himself by assessing the complainant’s evidence in isolation and set aside the conviction.
Kotwana v S (CA&R48/2014) [2014] ZAECGHC 92 (5 November 2014)
The magistrate misdirected himself by imposing the minimum sentence of 20 years imprisonment based on the appellant's previous conviction for robbery, which was not for robbery with aggravating circumstances. The correct prescribed minimum sentence for a first conviction of robbery with aggravating circumstances is 15 years. The magistrate further erred by failing to consider whether substantial and compelling circumstances existed to justify a lesser sentence. The evidence showed that the appellant's accomplice, not the appellant, carried the firearm, and the appellant admonished his accompl…
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S v Mankayi (243/2013) [2013] ZAECGHC 79 (15 August 2013)
High Court review of a juvenile murder sentence. The court held the magistrate improperly relied on unproven prior convictions and imposed sentence afresh.
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