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South Africa decisions
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Rule v S (Appeal) (A169/2023) [2025] ZAGPPHC 410 (25 April 2025)
The High Court upheld an appeal against sentence for theft, finding the trial court overemphasized the offence and underweighted mitigation, and substituted a lower concurrent term.
Shange v S (A09/2024) [2024] ZAMPMBHC 35 (4 June 2024)
High Court dismissed an appeal against rape and assault convictions, holding that the complainant’s evidence was credible and the minimum sentence applied.
Hlatini v S (A59/2022) [2023] ZAGPJHC 539 (23 May 2023)
The court found that although the magistrate did not warn the appellant of the minimum sentence regime, the appellant was legally represented and understood the charge, and his legal representative had the opportunity to present his defence. Therefore, there was no material misdirection in this regard. However, the magistrate failed to give due consideration to the fact that the stolen cellphone was recovered, the appellant was a first-time offender, and the complainant was not injured. These factors, considered cumulatively, constituted substantial and compelling circumstances justifying dev…
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Rasehlapa v S (A26/2021; RC174/2017) [2022] ZAGPJHC 1 (21 January 2022)
High Court appeal in a rape conviction matter dismissed the appellant’s attack on credibility and upheld life imprisonment under the minimum sentence regime.
Nene v S (A87/2020) [2021] ZAGPJHC 83 (8 July 2021)
Appeal against convictions for kidnapping and three rapes dismissed; the High Court upheld the complainant’s evidence, hearsay ruling, and life sentence.
Nene v S (A87/2020) [2021] ZAGPJHC 62 (8 June 2021)
Appeal against convictions for kidnapping and three rapes dismissed; hearsay was properly admitted and life sentence confirmed.
Mngwango v S (A66/2020) [2020] ZAGPJHC 256 (20 October 2020)
The High Court dismissed an appeal against convictions for kidnapping and rape, finding the complainant’s evidence credible and the appellant’s version contradictory.
Lukhele v S (A115/2019) [2020] ZAMPMHC 16 (15 June 2020)
The High Court dismissed an appeal against robbery-with-aggravating-circumstances conviction and 15-year sentence, finding missing record portions non-prejudicial.
Dlamini v S (271/2019) [2020] ZAGPPHC 195 (28 May 2020)
High Court appeal against a rape conviction and life sentence for sexual offences against an 8-year-old child was dismissed.
L.M.M v S (A228/2018) [2019] ZAGPPHC 643; 2020 (1) SACR 445 (GP) (6 December 2019)
The High Court dismissed an appeal against sentence, finding the trial court properly considered the appellant’s HIV and tuberculosis as mitigating factors.
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