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South Africa decisions
Decisions matching the current search
Motau v S (A53/2023) [2023] ZAGPPHC 1927 (17 November 2023)
Appeal against a rape conviction upheld where the High Court found the trial court failed to weigh all evidence holistically and overlooked material corroboration.
Mtimkulu v S (A366/15) [2016] ZAGPPHC 372 (16 May 2016)
The High Court upheld the appeal against murder conviction, finding the trial court misread the evidence and that the appellant’s version was reasonably possibly true.
Fanti v S (228/2013) [2014] ZAECGHC 102 (28 October 2014)
The court held that the appellant's use of a potentially lethal weapon was excessive in relation to the attack by the now unarmed deceased. Although the appellant was attacked and threatened, once she had taken the knife from the deceased, her life was no longer in imminent danger. The appellant could have used less dangerous means to defend herself, such as extricating herself from the deceased's grip or removing the deceased's hand from her hair. The force used was not the only or least dangerous means available, and the appellant ought reasonably to have foreseen the possibility of death r…
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Johnson and Another v S (A342/2012) [2013] ZAFSHC 86 (30 May 2013)
Appeal against rape and indecent assault convictions succeeded after the court found the appellants’ version reasonably possibly true and the trial court misdirected itself.
Sweeney and Others v S (CA&R320/2010) [2011] ZAECGHC 82 (22 December 2011)
The High Court set aside convictions against four police officers, holding the magistrate failed to properly assess whether their version was reasonably possibly true.
S v Gunqisa and Others (504/05) [2006] ZASCA 149 (31 May 2006)
The Supreme Court of Appeal held that the appellants’ version was reasonably possibly true, so the kidnapping and murder convictions and sentences were set aside.
S v Snyman [2003] ZAFSHC 29 (13 November 2003)
The court found that the appellant's explanation for her absence on 1 October 2002 was credible and corroborated by her friend, who had notified three named court officials of her illness. The evidence established that the appellant took reasonable steps to inform the court and that her failure to appear was not due to fault on her part. The court held that, in light of the constitutional requirement for a reasonable possibility, the conviction under section 170(2) (which should have been section 188) was incorrect. The absence of reasons for conviction by the magistrate further undermined th…
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