Whitebooi and Another v S (Appeal) (CA&R 130/2022) [2025] ZAECMKHC 8 (6 February 2025)
Court
Eastern Cape High Court, Makhanda
Case number
CA&R130/2022
Judges
M Roberson, G A Laing
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.
Nogxaza v S (CA&R2/14) [2014] ZAECBHC 8 (6 June 2014)
Court
Eastern Cape High Court, Bhisho
Case number
CA&R2/14
Judges
Hartle, Van Zyl
The High Court set aside a robbery-with-aggravating-circumstances conviction, finding the evidence did not prove aggravation, and substituted robbery simpliciter.
S v Mthembu (CA&R 105/2011) [2012] ZANCHC 3 (16 March 2012)
Court
Northern Cape High Court, Kimberley
Case number
CA&R 105/2011
Judges
MV Phatshoane, CJ Olivier
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…