S v Rautenbach (SS 40/2006) [2021] ZAGPJHC 349; [2021] 2 All SA 206 (GJ); 2021 (2) SACR 18 (GJ) (7 January 2021)
Court
South Gauteng High Court, Johannesburg
Case number
SS 40/2006
Judges
Spilg, Mokgoatlheng, DJF. Du Plessis
The court found that the trial court erred in excluding certain hearsay evidence regarding the deceased's depression and suicidal ideation, as it was reliable and relevant to the question of suicide. However, after weighing all admissible evidence, including forensic and circumstantial facts, the court concluded that the appellant's version was untruthful and contradicted by objective evidence. The appellant's conduct after the death, manipulation of the crime scene, and implausible explanations demonstrated deliberate actions inconsistent with innocence. The circumstantial evidence satisfied…
Mlangeni v S (A230/2017) [2019] ZAFSHC 204 (24 October 2019)
Court
Free State High Court, Bloemfontein
Case number
A230/2017
Judges
Mhlambi, Murray
The High Court found a sentencing misdirection, held that the prescribed minimum sentence had been misapplied, and reduced the appellant’s sentence to 12 years.
Khoale v S (A247/17) [2018] ZAGPJHC 717 (2 February 2018)
Court
South Gauteng High Court, Johannesburg
Case number
A247/17
Judges
Vally, July
The High Court upheld a rape conviction, finding the complainant credible and the appellant’s emails and SMS supported non-consensual sex, but reduced sentence for pre-trial custody.
Bam v S (CA15/2014) [2015] ZAECMHC 63 (20 August 2015)
Court
Eastern Cape High Court, Mthatha
Case number
CA15/2014
Judges
J.E Smith, F.B.A Dawood, Ndzondo
The appeal succeeded because the trial court erred in finding that the murder was committed with dolus directus and that common purpose was proved. The evidence showed the appellant intended to threaten the deceased, not to kill him, but subjectively foresaw the possibility of death (dolus eventualis). There was no prior agreement or active association to establish common purpose. The appellant's immediate and genuine remorse, his status as a first offender, his financial assistance to the deceased's family, and his guilty plea constituted substantial and compelling circumstances justifying a…
Mahlangu v S (A118/15) [2015] ZAGPPHC 834 (31 July 2015)
Court
North Gauteng High Court, Pretoria
Case number
A118/15
Judge
NB Tuchten
The High Court upheld the rape conviction but reduced the sentence from life imprisonment to 26 years, finding substantial and compelling circumstances.
S v Masemola (A886/14) [2014] ZAGPPHC 955 (24 November 2014)
Court
North Gauteng High Court, Pretoria
Case number
A886/14
Judges
D.P.J Rossouw, A.P. Ledwaba
The High Court set aside an unlawful magistrates’ sentence, revoked a review certificate, and replaced eight years’ imprisonment with three years’ direct imprisonment.