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South Africa Case Law

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Criminal Law [2010] ZASCA 52

Matlou and Another v S (479/09)

Matlou and Another v S (479/09) [2010] ZASCA 52; 2010 (2) SACR 342 (SCA) ; 2011 (1) BCLR 54 (SCA) ; [2010] 4 All SA 244 (SCA) (31 March 2010)

Court
Supreme Court of Appeal
Case number
479/09
Judges
Cloete, Bosielo, Leach

The Supreme Court of Appeal held that the evidence of pointings-out and incriminating statements made by the first appellant was inadmissible, as it was obtained through police assault and in violation of constitutional rights under section 35(1) and (5) of the Constitution. The trial court erred in admitting this evidence, and without it, there was insufficient proof of murder, robbery with aggravating circumstances, or unlawful possession of a firearm. However, the remaining uncontested evidence established that both appellants possessed and disposed of the deceased's property soon after hi…

Source excerpt

  • Admissibility Of Evidence
  • Pointings Out
  • Constitutional Rights
  • Exclusion Of Unconstitutionally Obtained Evidence
  • Theft
  • Unlawful Possession Of Firearm
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Criminal Law [1986] ZASCA 84

S v Shabalala (450/85)

S v Shabalala (450/85) [1986] ZASCA 84; [1986] 4 All SA 551 (AD) (28 August 1986)

Court
Supreme Court of Appeal
Case number
450/85
Judges
Corbett, Trengove, Smalberger, Nicholas, Nestadt

The court held that the evidence of the police dog's identification of the appellant by scent was inadmissible, following the principle in R v Trupedo, as the scientific foundation and safeguards were insufficient to reduce its inherent unreliability. However, the exclusion of this evidence did not result in a failure of justice, as the remaining circumstantial evidence—comprising the appellant's voluntary admissions in section 119 proceedings, pointings-out at the crime scene, forensic findings of blood and hair on his overall, and his inability to satisfactorily explain his whereabouts—coll…

Source excerpt

  • Admissibility Of Dog Evidence
  • Circumstantial Evidence
  • Voluntariness Of Admissions
  • Extenuating Circumstances
  • Dolus Directus
  • Pointings Out
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.