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South Africa Case Law

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Criminal Law [2025] ZAECMKHC 8

Whitebooi and Another v S (Appeal) (CA&R 130/2022)

Whitebooi and Another v S (Appeal) (CA&R 130/2022) [2025] ZAECMKHC 8 (6 February 2025)

The High Court set aside robbery-with-aggravating-circumstances convictions, substituted robbery simpliciter, reduced robbery sentences to seven years, and confirmed the murder sentence for the first appellant.

  • Robbery Simpliciter
  • Aggravating Circumstances
  • Minimum Sentencing
  • Murder
  • Review Jurisdiction
  • Robbery-simpliciter
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Criminal Law [2014] ZAECBHC 8

Nogxaza v S (CA&R2/14)

Nogxaza v S (CA&R2/14) [2014] ZAECBHC 8 (6 June 2014)

The High Court set aside a robbery-with-aggravating-circumstances conviction, finding the evidence did not prove aggravation, and substituted robbery simpliciter.

  • Robbery Simpliciter
  • Aggravating Circumstances
  • Credibility Of Witnesses
  • Review Jurisdiction
  • Criminal-law
  • Robbery
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Criminal Law [2012] ZANCHC 3

S v Mthembu (CA&R 105/2011)

S v Mthembu (CA&R 105/2011) [2012] ZANCHC 3 (16 March 2012)

The conviction of robbery with aggravating circumstances could not be sustained because the charge sheet did not reference aggravating circumstances and the appellant was not apprised of such jeopardy, resulting in prejudice. The evidence did not establish the statutory requirements for aggravating circumstances, as there was no threat to inflict grievous bodily harm, nor the use of a dangerous weapon. The facts supported a conviction of robbery simpliciter, as the appellant used force to dispossess the complainant of her cellphone. The sentence imposed by the trial court was based on a mater…

  • Robbery Simpliciter
  • Aggravating Circumstances
  • Minimum Sentence Legislation
  • Credibility Of Witnesses
  • Charge Sheet Requirements
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.