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South Africa decisions
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Rossouw v Mogorotsi and Another (HCA30/2019) [2022] ZALMPPHC 42 (10 August 2022)
The High Court dismissed an appeal in a malicious prosecution case, holding that the respondents had a reasonable basis to complain after an altercation and alleged racial insult.
Horwitz v S (CA&R129/2019) [2020] ZAECGHC 14; 2020 (1) SACR 587 (ECG) (25 February 2020)
High Court appeal in a criminal matter. Conviction for assault was set aside, but the crimen injuria conviction and sentence were upheld.
Van Vuuren v S (CA&R 64/14) [2014] ZANCHC 30 (17 September 2014)
Appeal against a crimen injuria conviction dismissed. The court held that the State’s evidence had no material contradictions and the appellant’s version was improbable.
Pistorius v S (253/2013) [2014] ZASCA 47; 2014 (2) SACR 314 (SCA) (1 April 2014)
The Supreme Court of Appeal found that the trial magistrate correctly approached the evidence of the complainant as a single witness, taking into account the cautionary rule and the credibility of the witness. The contradictions between the complainant and the medical evidence were not material enough to undermine the complainant's reliability, especially given the lapse of time and the absence of documentary evidence. The appellant's version was found to be improbable and not reasonably possibly true, particularly in light of the inherent probabilities and the conduct of the complainant foll…
Source excerpt
Steyn v S (A480/2011) [2012] ZAWCHC 106 (10 February 2012)
High Court appeal against convictions for crimen injuria, assault and malicious damage to property dismissed. The court also rejected the claim of self-defence.
S v Gnade (CA & R 125/04) [2004] ZANCHC 88 (1 November 2004)
High Court appeal in a criminal matter dismissed. The convictions for assault and crimen iniuria, and the sentences, were confirmed.
S v Henning (ECJ 2004/008) [2004] ZAECHC 14 (28 May 2004)
The High Court upheld a crimen iniuria conviction for a racial insult but set aside direct imprisonment, replacing it with a fine and suspended imprisonment.
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