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South Africa decisions
Decisions matching the current search
Davids v S (CA64/2019) [2024] ZANWHC 175 (10 July 2024)
On appeal against sentence, the High Court corrected a misapplied minimum sentence and reduced the appellant’s sentence to six years per count, with partial concurrency.
Moloi v S (A67/2019) [2023] ZAGPJHC 978 (30 August 2023)
The High Court upheld an appeal against conviction for robbery with aggravating circumstances, finding the State had not proved guilt beyond reasonable doubt.
Mayekiso v S (CA&R34/21) [2021] ZAECGHC 79 (31 August 2021)
The High Court upheld an appeal against a rape conviction, finding the trial court misdirected itself on credibility, probabilities, and the standard of proof.
Zulu v S (A12/2019) [2020] ZALMPPHC 40 (26 June 2020)
The appellate court found that the trial magistrate committed a material misdirection by considering an alleged attempted murder of a court orderly during sentencing, despite the appellant not having been tried for that conduct. This violated the appellant's right to a fair trial. Furthermore, the cumulative sentence of 75 years' imprisonment was found to be shockingly inappropriate, given the linkage of the offences and prevailing sentencing principles. The court held that the sentences should have been ordered to run concurrently to a greater extent, as the offences were closely connected i…
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De Almeida v S (728/2018) [2019] ZASCA 84 (31 May 2019)
The Supreme Court of Appeal held that leave to appeal against sentence should have been granted because there were reasonable prospects of success.
Van Schalkwyk and Others v S (51/1998) [2017] ZAFSHC 169 (28 September 2017)
The court found that the applicants were not to blame for the delay in filing their applications for leave to appeal, as the delay was caused by the trial judge's stance and the failure of their previous attorneys to consolidate the applications. Condonation was therefore granted. On the merits, the court held that the convictions were sound, as the trial judge properly considered the evidence of single witnesses and accomplices, and no material misdirection occurred in the findings. However, regarding sentence, the applicants were not warned about the applicability of section 51 of the Crimi…
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Sejake v S (A328/16) [2017] ZAGPJHC 85 (22 March 2017)
The High Court upheld an appeal against sentence, finding a material misdirection and reducing the effective sentence from 26 years to 15 years.
Jordaan v S (A852/15) [2016] ZAGPPHC 1069 (20 December 2016)
The High Court upheld an appeal against sentence, finding the magistrate failed to properly weigh mitigating factors and that eight years’ imprisonment was disturbingly inappropriate.
Godla and Another v S (A140/2012) [2013] ZAFSHC 61 (25 April 2013)
The High Court upheld an appeal against sentence for robbery with aggravating circumstances and reduced each appellant’s term of imprisonment to seven years.
Mosia v S (A152/11) [2012] ZAFSHC 85 (3 May 2012)
The High Court upheld the conviction for rape and attempted murder, but reduced the rape sentence from life imprisonment to 20 years.
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