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South Africa Case Law

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Criminal Law [2022] ZAGPJHC 646

Zwane v S (A 40/2020)

Zwane v S (A 40/2020) [2022] ZAGPJHC 646 (12 August 2022)

The High Court dismissed an appeal against robbery conviction and a 15-year sentence, finding the identification evidence and corroboration sufficient.

  • Robbery With Aggravating Circumstances
  • Prescribed Minimum Sentences
  • Identity Of Accused
  • Single Witness Evidence
  • Right To Silence
  • Sentencing Principles
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Criminal Law [2019] ZAWCHC 62

Abrahams v S (A131/18)

Abrahams v S (A131/18) [2019] ZAWCHC 62 (23 May 2019)

Appeal against a life sentence for rape of an 11-year-old girl was dismissed. The court found no substantial and compelling circumstances to depart from the minimum sentence.

  • Rape Of Minor
  • Prescribed Minimum Sentences
  • Substantial And Compelling Circumstances
  • National Register For Sexual Offenders
  • Sentencing Discretion
  • Rape-of-minor
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Criminal Law [2019] ZAGPPHC 151

NDPP v M and Another (A226/16)

NDPP v M and Another (A226/16) [2019] ZAGPPHC 151 (3 May 2019)

High Court upheld convictions for repeated rape and assault of two children and increased the sentence to life imprisonment on each rape count.

  • Rape Of Minors
  • Minimum Sentencing
  • Child Witness Evidence
  • Sexual Offences Act
  • Prescribed Minimum Sentences
  • Appeal Procedure
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Criminal Law [2018] ZAFSHC 134

S v Matsitela and Others (78/2017)

S v Matsitela and Others (78/2017) [2018] ZAFSHC 134 (14 September 2018)

Sentencing judgment imposing effective prison terms for multiple accused convicted of theft and infrastructure-related offences, with no substantial and compelling circumstances found.

  • Theft
  • Essential Infrastructure Crime
  • Prescribed Minimum Sentences
  • Sentencing Principles
  • Criminal Procedure Act
  • Prevention Of Organised Crime Act
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Criminal Law [2015] ZAWCHC 208

S v Siyeka (SS11/2014)

S v Siyeka (SS11/2014) [2015] ZAWCHC 208 (1 December 2015)

Sentencing judgment in a cash-in-transit robbery case. The court found substantial and compelling circumstances and imposed an effective 20-year prison term.

  • Sentencing Principles
  • Prescribed Minimum Sentences
  • Substantial And Compelling Circumstances
  • Murder
  • Attempted Robbery
  • Possession Of Prohibited Firearm
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Criminal Law [2003] ZASCA 75

S v Price and Another (452/02)

S v Price and Another (452/02) [2003] ZASCA 75; [2003] 4 All SA 26 (SCA); 2003 (2) SACR 551 (SCA) (5 September 2003)

The court held that the trial judge was correct in finding no substantial and compelling circumstances justifying a departure from the prescribed minimum sentence for the first appellant. The offences were carefully planned, involved significant amounts of money, and the use of an attorney's trust account for laundering the proceeds of crime was an aggravating factor. The first appellant's status as a first offender and his personal circumstances were not sufficiently powerful to warrant a lesser sentence. In respect of the second appellant, the court found that his role was relatively minor,…

  • Prescribed Minimum Sentences
  • Substantial And Compelling Circumstances
  • Fraud
  • Sentencing Discretion
  • Criminal Law Amendment Act
  • Concurrent Sentences
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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.