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South Africa decisions
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M.K and Another v S (A312/2022) [2024] ZAGPPHC 1143 (30 October 2024)
The High Court dismissed a criminal appeal against conviction for rape and sexual offences, upholding a trial court’s credibility findings on a child complainant’s evidence.
Kemp and Another v S (A312/2022) [2024] ZAGPPHC 1141 (30 October 2024)
The appeal court found that the trial court correctly assessed the evidence of the complainant, a single child witness, and applied the cautionary rule. The inconsistencies identified in her evidence were minor and related only to peripheral details, not to the commission of the offences. The complainant's account of the events was credible, consistent on material aspects, and supported by her conduct and the surrounding circumstances. The trial court's findings on credibility were not materially misdirected and are presumed correct. The appellants' bare denials were improbable and unsupporte…
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Ranyani v S (A156/2022) [2023] ZAGPPHC 2011 (18 December 2023)
The High Court dismissed a rape appeal, upheld the conviction, and confirmed a life sentence under the minimum-sentences regime.
Keyser v District Court Magistrate (Kroonstad), Nomzaza N.O and Another (2164/2022) [2023] ZAFSHC 18 (31 January 2023)
The High Court reviewed and set aside a magistrates’ court conviction and sentence for assault with intent to do grievous bodily harm because the district court lacked punitive jurisdiction.
Msomi v S (39/2018) [2019] ZAECGHC 80; 2020 (1) SACR 197 (ECG) (3 September 2019)
The High Court set aside irregular sentences and reduced the appellant’s sentences after finding substantial and compelling circumstances, despite his central role in cyber-enabled fraud.
Mcoteli v S (89/2010) [2013] ZAECMHC 1 (17 January 2013)
The appellate court found that the trial judge's conduct during sentencing, including persistent cross-examination and angry, censorious pronouncements, constituted a misdirection of sufficient magnitude to vitiate the sentence imposed. The judge failed to properly consider mitigating factors such as the appellant's youth, status as a first offender, provocation, and remorse. The court held that substantial and compelling circumstances existed to justify a departure from the prescribed minimum sentence of life imprisonment. The appellant's cooperation, guilty plea, and assistance to the decea…
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S v Guca and Another (420/12) [2012] ZASCA 201 (30 November 2012)
The Supreme Court of Appeal substituted harsh, unclear sentences after finding a sentencing misdirection and an error in sentence computation.
Mmboi and Another v S (167/12) [2012] ZASCA 142 (28 September 2012)
The appeal court set aside the first appellant’s murder and robbery convictions, finding no proved common purpose. The second appellant’s sentences were ordered to run concurrently.
Silenge v S (A196/2012) [2012] ZAWCHC 296 (24 August 2012)
The High Court dismissed Zuko Silenge’s appeal against sentence, finding no misdirection in the magistrate’s application of the sentencing triad or minimum-sentences principles.
S v Luruli and Another (SS 63/11) [2012] ZAGPJHC 294; 2014 (1) SACR 511 (GJ) (20 July 2012)
Sentencing judgment for rape and related violent offences, where the court imposed eight life sentences plus 35 years’ imprisonment, with limited concurrency.
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