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South Africa decisions
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Mnisi and Others v S (A082/2022) [2024] ZAGPJHC 932 (9 September 2024)
High Court appeal from convictions arising from the OR Tambo airport robbery. Some convictions were substituted: one appellant for robbery, another for receiving stolen property.
S v Ralepanyana (R193-2019) [2019] ZAFSHC 221 (28 November 2019)
High Court review: a conviction for receiving stolen property was set aside because stock is excluded from section 37; the matter was remitted for a fresh hearing.
Mncube v S (A71/2017) [2019] ZAMPMHC 7 (15 October 2019)
The court held that contravening section 37 of Act 62 of 1955 is a competent verdict on a charge of housebreaking with intent to steal and theft, as theft and housebreaking are separate offences and competent verdicts for theft apply. A guilty plea to a competent verdict is permissible without evidence being led, provided the prosecutor accepts the plea and admissions made in the plea statement constitute sufficient proof. The trial court overemphasised the appellant's previous convictions, some of which were older than ten years and should not have been considered for sentencing. The sentenc…
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Fihlela v S (A73/2017) [2018] ZAFSHC 57 (3 May 2018)
The appeal succeeded because the trial court failed to properly apply the principles governing circumstantial evidence. The appellant's version, corroborated by his mother and girlfriend, was reasonably possibly true and not contradicted by direct evidence. The timeline of events supported the appellant's account, and the trial court erred in rejecting defence witness testimony on insubstantial grounds. The only inference consistent with all proven facts was that the appellant received stolen property knowing it was stolen, rather than having participated in the murder or robbery. The convict…
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Mthembu and Another v S (AR339/2016) [2017] ZAKZPHC 1 (6 February 2017)
The appeal was dismissed as the trial court correctly convicted both appellants for the murder of Mlambo, robbery with aggravating circumstances, and unlawful possession of a firearm and ammunition, based on overwhelming circumstantial evidence. Items belonging to the deceased were found in the appellants' possession, and the murder weapon was located at the second appellant's house. The evidence was credible and sufficient to establish guilt beyond reasonable doubt. Regarding the murder of Mbatha, the absence of direct evidence led to a conviction for receiving stolen property under section…
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Radebe v S (A721/2015) [2016] ZAGPPHC 857 (15 September 2016)
High Court appeal against sentence upheld after finding the magistrate relied on extraneous, unsupported considerations and imposed disproportionate penalties.
Doma v S (2012/A447) [2013] ZAGPJHC 116 (21 May 2013)
Appeal against a conviction for possession of suspected stolen goods was partly upheld; the court substituted a conviction for receiving stolen goods and reduced sentence.
S v Sithole and Another (53/2006) [2007] ZAGPHC 329 (28 November 2007)
Appeal in a robbery and firearms case: conviction on count 1 was set aside, while convictions on counts 2 to 5 were upheld.
S v Makhasi (CC108/2006) [2007] ZAECHC 133 (15 July 2007)
High Court criminal trial on a fatal attempted robbery at Zakubona shop. The second accused was convicted of murder and attempted robbery; others were convicted of attempted robbery or acquitted.
S v Segomotso (206/04) [2004] ZANWHC 44 (23 December 2004)
On review, the High Court set aside a housebreaking and theft conviction for lack of evidence linking the accused to the break-in and substituted receiving stolen property.
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