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South Africa decisions
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Botha v S (PE277/2015, R332/16) [2017] ZAECGHC 29 (7 March 2017)
Appeal against a firearm conviction and sentence failed after the court held the chain of custody was adequately proved by matching seal and serial numbers.
Rululu v S (CA & R 378/2011) [2012] ZAECGHC 56; 2013 (1) SACR 117 (ECG) (25 June 2012)
The conviction on the second count of rape was set aside as the trial court's reasoning was convoluted and unsupported by the evidence. The DNA evidence was properly admitted in terms of section 212(4) and section 220 of the Criminal Procedure Act, and the appellant's objection to the results did not constitute sufficient grounds to require the deponent to testify under section 212(12). The affidavit complied with statutory requirements and constituted prima facie proof that the DNA matched the appellant. The appellant's explanations for the DNA results were rejected as false, and there was n…
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