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South Africa decisions
Decisions matching the current search
Buthelezi v S (AR361/2021) [2022] ZAKZPHC 24 (10 June 2022)
The High Court upheld the appeal against two rape convictions and a life sentence, finding material misdirections and that the appellant’s version remained reasonably possibly true.
Mathebula v S (A51/2018) [2020] ZALMPPHC 68 (13 August 2020)
The High Court upheld an appeal against robbery conviction, finding the alibi was not disproved and the magistrate’s interventions caused a unfair trial.
Mathebula v S (A51/2018) [2020] ZALMPPHC 62 (13 August 2020)
The High Court upheld an appeal against conviction for robbery with aggravating circumstances, setting aside the conviction and sentence for misdirection and insufficient proof.
Nontshinga and Others v S (23/2011) [2016] ZAECGHC 88 (15 September 2016)
The court found that the accused were not proved to be in joint possession of the firearm and ammunition found in the vehicle, as required by law and established in S v Mbuli. The magistrate misdirected himself in convicting the accused on counts 8 and 9. Given that the outcome was a foregone conclusion and that the interests of justice demanded a prompt resolution, the court set aside the convictions and sentences for unlawful possession of a firearm and ammunition by way of review.
Source excerpt
S v Tsela (A181/2016) [2016] ZAGPPHC 740 (23 March 2016)
On special review, the High Court set aside a conviction for dealing in dagga and replaced it with possession, holding that the evidence proved possession only.
Ramasodi v S (A414/2014) [2015] ZAGPPHC 573 (29 July 2015)
The High Court upheld an appeal against conviction for assault with intent to commit grievous bodily harm, finding the accused’s version reasonably possibly true.
S v Tshabalala (160/2012) [2012] ZAFSHC 203 (8 November 2012)
Automatic review of a magistrate’s conviction for “possession of stolen property” ended with the conviction and sentence set aside for legal error.
S v Masekwa and Another (377/2011) [2012] ZAFSHC 64 (29 March 2012)
High Court review setting aside robbery convictions after finding unreliable identification evidence and unfair trial management of unrepresented accused.
Ntshewulu v S (A340/2010) [2011] ZAWCHC 213 (6 May 2011)
Appeal against a rape conviction succeeded after the court found the magistrate misdirected himself on credibility, probabilities, and the burden of proof.
Bezuidenhoudt v S (A42/10) [2011] ZAWCHC 168 (11 March 2011)
The High Court upheld an appeal against conviction for assault with intent to inflict grievous bodily harm and crimen injuria, setting aside the conviction and sentence.
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