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South Africa decisions
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Take v S (A112/2017) [2017] ZAFSHC 197 (17 November 2017)
The High Court overturned a rape conviction, finding the complainant’s evidence unreliable, but convicted the appellant of assault with intent to do grievous bodily harm.
S v Mienies (CA&R 19/2012) [2012] ZANCHC 40 (29 June 2012)
The court set aside an assault conviction, upheld rape, and reduced the sentence after finding the complainant could not validly consent while incapacitated.
Grosch v S (A105/09) [2009] ZAWCHC 93 (12 June 2009)
The court held that the use of an intermediary for the complainant's testimony was constitutionally permissible and did not prejudice the appellant's right to a fair trial. The evidence of the complainant, though she was a single child witness, was found to be credible, consistent, and supported by circumstantial corroboration, including the appellant's own admissions and unexplained conduct. The trial court's factual findings were not shown to be incorrect, and the conviction was upheld. However, the cumulative effect of the sentences imposed was disproportionate given the nature of the offe…
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S v Morobe (485/2007) [2007] ZAFSHC 60 (12 July 2007)
The High Court confirmed Michael Morobe’s theft conviction and amended the suspended sentence conditions, holding the magistrate could not amend the sentence after imposition.
S v Govender (47/06) [2006] ZASCA 180; [2007] 3 All SA 580 (SCA) (15 December 2006)
The court found that the appellant's initial response to the deceased drawing a firearm was justified as private defence, and the shots fired in quick succession were lawful. However, the evidence established that after the deceased was incapacitated, the appellant fired a final shot into the deceased's mouth with the deceased's own firearm. This act was not justified by private defence, as the deceased no longer posed any threat. The evidence did not establish that this final shot caused or hastened the death of the deceased, given that the deceased had already sustained multiple potentially…
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S v Struis (121/04) [2004] ZANCHC 19 (7 May 2005)
The court found that the accused, by his own admission, picked up a cassette player in good working condition, recognized it belonged to someone else, and sold it without knowing the owner or having permission. This conduct satisfied the elements of theft, as he unlawfully and intentionally appropriated property belonging to another. The initial release of the accused from prison was based on a mistaken interpretation of the evidence and legal opinion. Given the extraordinary circumstances—namely, the accused's premature release and the time already served—the court exercised its inherent jur…
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S v Mokgothu (47/2002) [2002] ZANWHC 23 (13 June 2002)
On automatic review, the High Court corrected an ambiguous conviction and suspended sentence to reflect a specific contravention of section 4(a) of the Drugs and Drug Trafficking Act.
S v Mthethwa (302/1994) [1995] ZASCA 120 (28 September 1995)
The Supreme Court of Appeal found that the appellant's denial of residence and knowledge of the firearm was false and contradicted by credible police testimony and the probabilities of the case. The appellant's statements to Sergeant Joubert, her conduct, and the circumstances of the discovery of the firearm under her bed established beyond reasonable doubt that she had knowledge of and control over the firearm and ammunition, and that she was keeping them for her boyfriend, Dlamini. The Court held that the requirements of possession under the Act were satisfied and that the conviction was ju…
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