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South Africa Case Law

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Criminal Law [1992] ZASCA 20

S v Cotton (462/91)

S v Cotton (462/91) [1992] ZASCA 20; [1992] 2 All SA 45 (A) (12 March 1992)

The Appellate Division set aside a death sentence for murder and substituted life imprisonment, holding that the appellant’s youth and immaturity were substantial mitigating factors.

  • Murder Without Extenuating Circumstances
  • Death Sentence Review
  • Youth As Mitigating Factor
  • Psychopathy
  • Life Imprisonment
  • Criminal-sentencing
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Criminal Law [1987] ZASCA 127

S v Demas (127/87)

S v Demas (127/87) [1987] ZASCA 127 (9 November 1987)

The Court held that the evidence against the appellant was identical to that against Jool Williams, whose conviction and sentence had previously been set aside by this Court. The evidence did not establish beyond reasonable doubt that the appellant participated in the attack leading to the charge of murder. The State conceded that it could not support the conviction. Accordingly, the Court granted condonation for the late filing of the appeal and set aside both the conviction and sentence.

  • Murder Without Extenuating Circumstances
  • Appeal Procedure
  • Condonation For Late Filing
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Criminal Law [1985] ZASCA 128

S v Sitoe (138/85)

S v Sitoe (138/85) [1985] ZASCA 128 (27 November 1985)

The court dismissed Ernesto Sitoe’s appeal against two death sentences, finding no extenuating circumstances for murder and no basis to interfere with the robbery sentence.

  • Murder Without Extenuating Circumstances
  • Aggravated Robbery
  • Sentencing Principles
  • Firearms Offences
  • Criminal-law
  • Murder
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Criminal Law [1985] ZASCA 108

S v Sookay (39/85)

S v Sookay (39/85) [1985] ZASCA 108 (27 September 1985)

The Appellate Division upheld convictions for murder, robbery with aggravating circumstances, and housebreaking, finding the circumstantial evidence compelling.

  • Housebreaking With Intent To Steal
  • Murder Without Extenuating Circumstances
  • Robbery With Aggravating Circumstances
  • Aggravating Circumstances
  • Death Sentence
  • Inference From False Testimony
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Criminal Law [1984] ZASCA 167

S v Rakosa (145/84)

S v Rakosa (145/84) [1984] ZASCA 167 (30 November 1984)

The court dismissed an appeal against a death sentence for murder without extenuating circumstances, and rejected a procedural irregularity complaint.

  • Murder Without Extenuating Circumstances
  • Death Sentence
  • Irregularity In Trial Procedure
  • Appeal Procedure
  • Murder-without-extenuating-circumstances
  • Death-sentence
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.