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South Africa decisions
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Sithole v S (A402/2018) [2019] ZAGPPHC 1060 (22 November 2019)
The High Court upheld an appeal against a habitual criminal declaration, finding the magistrate had not exercised discretion judicially and replacing it with a prison sentence.
Botha v S (A54/2016) [2019] ZAGPPHC 244 (11 June 2019)
The appeal succeeded in respect of the sentences of life imprisonment imposed for rape (counts 1 and 8) because the charge sheet referenced section 51(2) of the Criminal Law Amendment Act and did not specify the aggravating circumstances required for life imprisonment under section 51(1). The trial court was therefore not competent to impose life imprisonment. The evidence established that the complainant was under 16 and repeatedly raped, but this was not reflected in the charges. The conviction and sentence on count 9 were set aside as the charge was not put to the appellant. The conviction…
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S v Mkhont (A586/06) [2006] ZAGPHC 215 (5 June 2006)
High Court review upheld the conviction for assault but set aside the magistrate’s sentence and replaced it with 12 months’ imprisonment, six months suspended.
S v Louw (70/88) [1990] ZASCA 43; 1990 (3) SA 116 (AD); [1990] 4 All SA 703 (AD) [1990] 4 All SA 703 (AD) (30 March 1990)
The Supreme Court of Appeal held that the appellant's failure to testify at trial, resulting from his counsel's decision to close the defence case without consultation, did not amount to a sufficiently explained irregularity justifying the setting aside of conviction and sentence. The appellant did not object or express dissatisfaction at the time, nor did he repudiate counsel's decision until much later, and thus acquiesced in the conduct of his case. The court distinguished S v Majola, finding no failure of justice occurred. However, the court a quo erred in substituting a sentence of 18 mo…
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S v Oosthuizen (311/84) [1985] ZASCA 115 (12 November 1985)
The appellate court found that the trial court erred in convicting the appellant of murder. The evidence showed that the appellant stabbed the deceased in the living room but did not pursue or participate in the subsequent fatal attack outside the flat. There was no proof that the appellant inflicted the fatal wounds or had the intention to kill. The evidence supported a conviction for assault with intent to do grievous bodily harm, not murder. The court substituted the conviction and imposed a sentence of three years' imprisonment, considering the appellant's personal circumstances and the i…
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