Scott v S (A793/2013) [2014] ZAGPPHC 183 (1 April 2014)
Court
North Gauteng High Court, Pretoria
Case number
A793/2013
Judges
A.M Baqwa, N.M Khumalo
The High Court dismissed an appeal against sentence for manslaughter, theft of a motor vehicle, and fraud, finding no misdirection in the magistrate’s sentence.
S v Booysen and Another (SS06/11) [2011] ZAWCHC 365 (18 August 2011)
Court
Western Cape High Court, Cape Town
Case number
SS06/11
Judge
Rogers AJ
The court convicted Chantel Booysen of culpable homicide after finding she inflicted fatal injuries on her two-year-old son. Quinton Aysen was acquitted.
S v Matlhobe (409/2010) [2010] ZAFSHC 119 (26 August 2010)
Court
Free State High Court, Bloemfontein
Case number
409/2010
Judges
P. Daffue, S.P.D. Hancke
On special review, the High Court corrected an internally inconsistent sentence and replaced it with five years’ imprisonment under section 276(1)(i), plus a firearm disqualification.
S v Cloete (A325/2003) [2003] ZAFSHC 30 (27 November 2003)
Court
Free State High Court, Bloemfontein
Case number
A325/2003
Judges
Lombard, Hattingh, Beckley RR
The appellate court found that the trial court had overemphasised the respondent's personal circumstances and failed to give sufficient weight to the seriousness of the offence and the interests of the community. The respondent's lack of genuine remorse and his conduct after the crime, including attempts to conceal the body and evidence, were aggravating factors. The court held that the sentence imposed was disturbingly inappropriate and did not reflect the gravity of the offence or the need for deterrence. The appellate court set aside the original sentence and imposed a sentence of ten year…
Tonyane and Another v S (CA & R 16/03) [2003] ZANCHC 42 (22 September 2003)
Court
Northern Cape High Court, Kimberley
Case number
CA & R 16/03
Judges
Majiedt R, Lacock R
The appellate court found that the trial court erred in elevating the appellants' awareness that the deceased 'ought to have' died from exposure to a finding that they 'actually foresaw' death as a possible consequence of their conduct. The evidence, including the medical testimony, indicated that the deceased died from exposure after being assaulted and left naked and unconscious. However, there was no direct evidence that the appellants subjectively foresaw death as a possible outcome. The court held that the correct conviction should be for culpable homicide, not murder. The sentences for…
S v Ndlovu (CA & R 162/01) [2002] ZANCHC 5 (11 March 2002)
Court
Northern Cape High Court, Kimberley
Case number
CA & R 162/01
Judges
SA Majiedt, JC van der Walt
The High Court upheld an appeal against a culpable homicide conviction, finding the appellant acted in lawful self-defence when she stabbed a stronger attacker.
S v De Ru (134/94) [1995] ZASCA 139 (23 November 1995)
Court
Supreme Court of Appeal
Case number
134/94
Judges
E M Grosskopf, F H Grosskopf, Schutz
The Supreme Court of Appeal found no sufficient grounds to disturb the trial court's acceptance of the evidence of Hammond, Nel, and Pienaar, whose testimonies were corroborated and not shown to be the result of improper pressure. The appellant's version of events was found to be highly improbable and inconsistent with the facts. The court held that section 49(2) of the Criminal Procedure Act did not justify the appellant's use of lethal force in the Sasolburg incident, as the circumstances did not warrant such action. The appellant's attempts to conceal the true facts constituted obstruction…