South Africa Case Law

Sijila v S (CA & R93/2023)

Sijila v S (CA & R93/2023) [2024] ZAECMKHC 35 (19 March 2024)

Court

Eastern Cape High Court, Makhanda

Case number

CA & R93/2023

Judges

Zilwa, Makaula

The appeal court found that the record of proceedings in the court a quo was incomplete, lacking transcription of the vital portion relating to sentencing, and that the reconstruction was not properly conducted with input from all relevant parties. This inadequacy prevented a proper appraisal of the evidence on sentencing and rendered the proceedings unjust. The court held that the appellant's right to a fair trial and appeal was violated, as the record was insufficient for judicial review. Consequently, the appeal against sentence succeeded, and the sentence was set aside. The matter was rem…

Source excerpt

• Incomplete Record On Appeal
• Reconstruction Of Court Record
• Right To Fair Trial
• Sentencing Procedure

Ndlovu v S (A778/2016)

Ndlovu v S (A778/2016) [2018] ZAGPPHC 883 (2 August 2018)

Court

North Gauteng High Court, Pretoria

Case number

A778/2016

Judges

Sardiwalla, Ntloko-Gobodo

High Court appeal against sentence upheld because the sentencing record was incomplete and could not properly support appellate review.

• Incomplete Record On Appeal
• Right To Fair Trial
• Reconstruction Of Court Record
• Sentencing Discretion
• Appeal Procedure
• Incomplete-record-on-appeal

Nhlapho v S (A196/2017)

Nhlapho v S (A196/2017) [2018] ZAGPPHC 880 (2 August 2018)

Court

North Gauteng High Court, Pretoria

Case number

A196/2017

Judges

Sardiwalla, Ntloko-Gobodo

The High Court upheld a criminal appeal because the trial record was incomplete and could not be reconstructed, making the conviction and sentence unsafe.

• Fair Trial Rights
• Incomplete Record On Appeal
• Reconstruction Of Court Record
• Right To Appeal
• Criminal-appeals
• Incomplete-record