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South Africa decisions
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Classen v S (A82/2020) [2024] ZAFSHC 182 (7 June 2024)
Appeal dismissed in a rape case involving a 15-year-old complainant. The High Court upheld the conviction and life sentence, finding the evidence was properly assessed.
Mokoena v S (25/2019) [2024] ZAFSHC 26 (1 February 2024)
The court granted condonation for late filing and gave leave to appeal against sentence to the Full Court after the applicant abandoned the conviction appeal.
Haggis and Another v S (A147/2013;30/97/1997) [2023] ZAWCHC 64; 2023 (2) SACR 24 (WCC) (17 March 2023)
Appeal against sentence after extreme delay. The court admitted new evidence, found exceptional circumstances for one appellant, and reduced both sentences.
Matshoba v S (42/22) [2022] ZAKZPHC 75 (18 November 2022)
The High Court dismissed an appeal against a theft conviction and sentence, finding no material misdirection in the trial court's evaluation of the evidence.
Potgieter v S (A33/2019; 10/2/5/1(2019/36)) [2021] ZAGPJHC 436 (23 August 2021)
Bail pending petition to the SCA was refused after dismissal of a sentence appeal for Maintenance Act offences. The court found no real prospects of success.
Maree v S (A252/18) [2019] ZAGPPHC 1077 (19 September 2019)
The court found that the reconstructed record was sufficiently detailed to allow proper consideration of the appeal and that no objection had been raised to its adequacy. The sentencing court had carefully considered the appellant's personal circumstances, the facts of the case, and the victim impact report. The murder of Mrs Swart was found to fall within the ambit of section 51(1) as the murder of a potential witness, justifying the imposition of a life sentence. The murder of Mr Swart warranted a sentence in excess of the prescribed minimum due to the brutality and circumstances of the off…
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Doorewaard and Another v S (CC33/2017) [2019] ZANWHC 25 (23 May 2019)
The court found that the grounds of appeal raised by the applicants had been comprehensively addressed in the main judgment, and no reasonable prospect existed that another court would reach a different conclusion. The evidence of Mr. Pakisi was properly considered, and credibility findings were made. The failure to call Seponkane as a witness was a neutral factor, as he was made available to the defence, who did not subpoena him; no irregularity occurred. The principles of common purpose were correctly applied, with both applicants acting in concert and neither dissociating themselves. The s…
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Mokhale v S (A71/2018) [2018] ZAGPJHC 612 (20 September 2018)
The appellate court found that the contradictions in the testimonies of the complainant and her friend were minor and did not affect the credibility of their evidence. The medical evidence corroborated the occurrence of penetration, and the identity of the appellant was not in dispute. The trial court did not misdirect itself in accepting the state’s version and rejecting the appellant’s denial. Regarding sentence, the court held that while the offence was serious and warranted a lengthy term of imprisonment, the circumstances did not justify the imposition of life imprisonment. The appellant…
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Nedbank Limited v Louw (CA&R81/2017) [2018] ZANCHC 34; 2382/2017 (22 June 2018)
The High Court upheld a criminal appeal partly, setting aside a rape conviction and replacing assault GBH with common assault, with a suspended sentence.
Kula v S (CA&R163/2017) [2017] ZAECGHC 113 (17 October 2017)
The High Court set aside Sakhiwo Kula’s attempted murder conviction, finding a reasonable possibility of innocence, but upheld his four-year firearm sentence.
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