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South Africa decisions
Decisions matching the current search
Sikhosana v S (D8054/2023) [2023] ZAKZDHC 68 (15 September 2023)
Appeal dismissed against refusal of bail in a Schedule 5 criminal matter involving alleged drugs, firearms, ammunition and a hijacked vehicle.
S v Mphetshwa and Another (CC18/2019) [2019] ZAECMHC 77 (13 December 2019)
The court found that the evidence of the State, including eyewitness testimony, DNA analysis, ballistic evidence, and confessions, was credible and consistent. The accused's versions were riddled with contradictions, bare denials, and improbabilities. The confessions and recoveries were made freely and voluntarily, and the evidence was lawfully obtained. The doctrine of common purpose applied, as both accused actively participated in the crimes. The post-mortem and medical reports corroborated the manner of death and injuries. The State proved its case beyond reasonable doubt against both acc…
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S v Njova and Others (CC43/2016) [2019] ZAECMHC 30 (7 June 2019)
The High Court convicted five accused of a string of Bizana armed robberies and related murders, relying mainly on section 204 witness evidence and corroboration.
Mabaso and Another v S (A346/12) [2016] ZAGPJHC 356 (23 December 2016)
The court found no misdirection in the magistrate's refusal to grant bail. The seriousness of the offences, including possession of assault rifles and jamming devices, justified the refusal. The magistrate considered the appellants' personal circumstances and the absence of risk to witnesses but correctly prioritized the interests of justice and community safety. The appellants' selective reliance on portions of the judgment was rejected, and the categorization of the offences as serious and dangerous was upheld. The appeal was dismissed as the lower court's discretion was properly exercised.
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Ndwandwe and Another v S (AR646/14) [2015] ZAKZPHC 38 (20 August 2015)
The High Court partly upheld a criminal appeal, setting aside convictions for robbery, firearm possession and attempted murder, but confirming kidnapping.
Mroloto and Others v S (CA&R 146/2014) [2015] ZAECGHC 1 (8 January 2015)
Appeal in a robbery-conspiracy case partly allowed: the third appellant’s conviction was set aside, while the others’ convictions stood and the concurrency order was corrected.
Morojelle and Others v S (A68/2014) [2014] ZAFSHC 152 (11 September 2014)
The Free State High Court upheld an appeal and set aside the convictions and sentences of three appellants for robbery, receiving stolen property, and firearm-related counts.
Ntuli and Another v S, S v Xhego (A69/2011) [2012] ZAFSHC 158 (16 August 2012)
The appeal against conviction failed, and the State’s cross-appeal succeeded with increased sentences, including life imprisonment for Ntuli’s murder conviction.
Langeni v S (8/89/08) [2011] ZAECGHC 42; 2012 (1) SACR 413 (ECG) (14 July 2011)
The court found that the appellant's offences were serious, violent, and premeditated, committed over a period of ten months, and involved the use of firearms and gratuitous violence. Although the appellant was a first offender and had certain personal circumstances, these did not cumulatively amount to substantial and compelling circumstances justifying deviation from the prescribed minimum sentences. The cumulative sentence of 30 years imprisonment, while severe, was not disproportionate given the gravity and prevalence of the offences. The trial court had properly exercised its discretion…
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Joni v S (A85/2008) [2009] ZAWCHC 28 (20 February 2009)
Appeal against conviction and sentence in a housebreaking, robbery and rape matter. The rape conviction was set aside and the remaining convictions and sentence were adjusted.
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