Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
Takwanda v S (A142/2022) [2023] ZAGPJHC 644 (5 June 2023)
The High Court dismissed a criminal appeal after finding the appellant was in recent possession of stolen vehicles and gave no satisfactory innocent explanation.
Nkosi and Another v S (A260/2021) [2022] ZAWCHC 50 (19 April 2022)
The court found that the first appellant was correctly identified as the driver of the stolen vehicle and failed to provide any credible explanation for his possession. The doctrine of recent possession did not strictly apply due to the time lapse since the theft, but the facts supported a conviction under section 36 of the General Law Amendment Act. The first appellant's conviction for theft was set aside and substituted with a conviction under section 36. The second appellant, although present and fleeing with the first appellant, did not have sufficient evidence against him to prove posses…
Source excerpt
Ntsala v S (A166/2020) [2021] ZAFSHC 227 (4 October 2021)
The High Court set aside a theft-of-stock conviction, substituting a section 3 Stock Theft Act conviction for two cattle and reducing the sentence.
Silinga v S (CA & R 259/2019) [2021] ZAECGHC 32 (11 March 2021)
Appeal against conviction for housebreaking and theft dismissed after the court found the appellant’s recent possession explanation false and unsupported.
Lukhele v S (A115/2019) [2020] ZAMPMHC 16 (15 June 2020)
The High Court dismissed an appeal against robbery-with-aggravating-circumstances conviction and 15-year sentence, finding missing record portions non-prejudicial.
De-Conceia v S (A296/2016) [2019] ZAGPJHC 309 (2 September 2019)
Appeal against convictions for two counts of robbery with aggravating circumstances dismissed. The court relied on identification evidence, possession of the key, and recent possession.
Dalingxolo and Another v S (AR561/2015) [2018] ZAKZPHC 27 (3 July 2018)
High Court appeal on robbery, attempted murder, and sentencing. The first appellant’s attempted-murder conviction was set aside, and both appellants’ sentences were reduced.
Kunene and Another v S (A508/2016) [2017] ZAGPPHC 972 (9 November 2017)
The court found that the identification of the appellants was reliable, based on the complainant's ability to observe the second appellant during the incident and the corroborating testimony of her aunt, who knew the first appellant prior to the event. The recovery of the complainant's cell phone from the second appellant, coupled with his inconsistent explanations, further supported the State's case. The court held that the trial court did not err in applying the doctrine of recent possession and that the conviction was justified on the totality of the evidence. Regarding sentence, the court…
Source excerpt
Putter v S (CA50/2017) [2017] ZAECGHC 106 (20 September 2017)
The court found that the trial court did not misdirect itself in accepting the evidence of Denoline Kleynhans-Jansen, whose testimony placed the appellant in possession of the deceased's cellphone within minutes of the murder. The corroboration of Mali's evidence by other State witnesses and forensic findings further supported the trial court's conclusion. The appellant's version was found to be improbable and contrived. The doctrine of recent possession applied, given the short time lapse and nature of the stolen item. The prescribed minimum sentences were appropriate in light of the appella…
Source excerpt
Kongolo v S (A101/16) [2017] ZAGPPHC 123 (24 March 2017)
Appeal against theft conviction and eight-year sentence for motor-vehicle theft dismissed; the High Court upheld reliance on recent possession and rejected the appellant’s version.
Explore more
