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South Africa decisions
Decisions matching the current search
S v Mabatha (REV50/2023; D8251087) [2023] ZALMPTHC 9 (19 September 2023)
The High Court reviewed and set aside an erroneously confirmed admission of guilt fine, finding the magistrate’s court proceedings were not in accordance with justice.
Hoosen v S (412/22) [2023] ZAWCHC 47 (6 March 2023)
The High Court set aside a conviction and sentence entered after payment of an admission of guilt fine, finding that the accused had not been properly informed.
Dowling v S (A57/2018) [2019] ZAGPJHC 32 (20 February 2019)
The court found that the appellant's plea explanation contained a clear admission of intention to kill, and that any ambiguity in his statement about only wanting to frighten the complainant was not relevant to the actual commission of the offence. The appellant was legally represented and there were no procedural irregularities affecting the conviction. However, the sentencing court failed to invite submissions on the imposition of a non-parole period and did not identify exceptional circumstances justifying such an order, constituting a material misdirection. The aggravating circumstances o…
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S v Mogotsi (A259/15) [2015] ZAGPPHC 239 (28 April 2015)
The High Court set aside convictions and sentences because the accused was represented by a person lacking the right of appearance, and ordered a retrial.
S v Dibakwane (A935/14) [2015] ZAGPPHC 19 (8 January 2015)
The evidence did not establish that the accused unlawfully and intentionally broke into Lucky Madonsela's premises in count 1, as the accused found the door already open and broken. The State failed to prove housebreaking beyond reasonable doubt, and the accused only admitted to theft. Accordingly, the conviction for housebreaking with intent to steal and theft in count 1 was set aside and replaced with a conviction for theft. The sentence for count 2, which was correctional supervision for eighteen months, was confirmed as appropriate. The sentence for count 1 was remitted to the magistrate…
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S v Mdantile (418/2010) [2011] ZAFSHC 60; 2011 (2) SACR 142 (FB) (17 March 2011)
The High Court confirmed a fraud conviction where the accused bribed a security guard to board a train without a valid ticket, treating the conduct as misrepresentation by conduct.
S v Maphanga (63/15/2005) [2008] ZAGPHC 158 (2 June 2008)
On special review, the High Court set aside a conviction and sentence because the record was incomplete and lacked material evidence needed for proper review.
S v Hanekom (33999, 465/03, 15/478/03) [2003] ZAWCHC 67; 2004 (1) SACR 490 (C) (3 December 2003)
The court held that once the acting magistrate’s contract was summarily terminated, the part-heard criminal proceedings became a nullity and could proceed de novo.
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