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South Africa Case Law

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Criminal Law [2021] ZALMPPHC 70

S v Motong (CC61/2020)

S v Motong (CC61/2020) [2021] ZALMPPHC 70 (11 October 2021)

Court
Limpopo High Court, Polokwane
Case number
CC61/2020
Judge
Kganyago

The court found that the State's case was based solely on circumstantial evidence and that the post-mortem report, while indicating death by blunt force trauma and neck congestion, did not conclusively establish that the accused caused the injuries. The forensic expert conceded that other inferences, such as accidental falls or medical conditions, could explain the death. The evidence of key State witnesses corroborated the accused's version, and the failure to call crucial witnesses further weakened the State's case. Considering the evidence in its totality, the court held that more than one…

Source excerpt

  • Murder
  • Circumstantial Evidence
  • Burden Of Proof
  • Benefit Of Doubt
  • Post Mortem Evidence
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Criminal Law [2017] ZAECGHC 132

Wentzel v S (CA&R202/2015)

Wentzel v S (CA&R202/2015) [2017] ZAECGHC 132 (23 November 2017)

Court
Eastern Cape High Court, Grahamstown
Case number
CA&R202/2015
Judges
J M Roberson, P T Mageza

The court found that the circumstantial evidence, including the medical findings, the presence of a hammer consistent with the injuries, the appellant's conduct before and after the fire, and the lack of any plausible alternative explanation, excluded any reasonable inference other than that the appellant inflicted the blunt force injuries and deliberately started the fire with the intention of killing the deceased. The appellant's explanations were inconsistent and improbable, and the sequence of events, as well as the forensic evidence, supported the conclusion that the appellant was guilty…

Source excerpt

  • Murder
  • Circumstantial Evidence
  • Blunt Force Injury
  • Arson
  • Post Mortem Evidence
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Criminal Law [2005] ZANWHC 82

S v Gaelejwe (CA 192/2003)

S v Gaelejwe (CA 192/2003) [2005] ZANWHC 82 (3 November 2005)

Court
North West High Court, Mafikeng
Case number
CA 192/2003
Judges
GURA, M.M. LEEUW

The court found that the injuries described in the post mortem report were consistent with the assault perpetrated by the appellant. Despite discrepancies in witness descriptions, the overall evidence indicated the deceased was severely injured at the scene and at the clinic, supporting the finding of causation. The nature and severity of the assault, particularly repeated blows to the head, were such that a reasonable person would have foreseen the risk of fatal injury. The court concluded that there was no reasonable prospect of success on appeal regarding either conviction or sentence, as…

Source excerpt

  • Culpable Homicide
  • Causation
  • Foreseeability
  • Post Mortem Evidence
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Criminal Law [2005] ZASCA 44

S v Maleka (408/04)

S v Maleka (408/04) [2005] ZASCA 44; 2005 (2) SACR 284 (SCA) (20 May 2005)

Court
Supreme Court of Appeal
Case number
408/04
Judges
Cameron, Conradie, Heher

The court held that the State proved beyond reasonable doubt that the injuries which caused the deceased's death were inflicted at the scene by the appellant. The appellant admitted the correctness of the post-mortem report, which established the cause of death as head and abdominal injuries due to blunt trauma. There was no evidence or suggestion that anyone else was responsible or that the injuries were inflicted after the incident. The appellant's version of events was found to be spurious and inconsistent with the medical evidence and the circumstances. The court concluded that the appell…

Source excerpt

  • Culpable Homicide
  • Admissions
  • Post Mortem Evidence
  • Self Defence
  • Onus Of Proof
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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.