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South Africa decisions
Decisions matching the current search
S v Nquma and Another (CA&R187/2018) [2018] ZAECGHC 58 (31 July 2018)
On special review, the High Court found the magistrate’s combined sentence incompetent because one offence carried a one-year maximum. The matter was remitted for resentencing.
Machaba and Another v S (20401/2014) [2015] ZASCA 60; [2015] 2 All SA 552 (SCA) ; 2016 (1) SACR 1 (SCA) (8 April 2015)
The Supreme Court of Appeal held that the incomplete record did not prejudice the appellants, as the available evidence was sufficient for proper adjudication. The court found no indication that the administration of the oath was improper, as the record did not show that the presiding judge failed to administer it. Extra-curial statements by co-accused were inadmissible against the second appellant, and the conviction was based on other evidence, including possession of the murder weapon and uncontested facts. The court concluded that the State had proved the guilt of both appellants beyond r…
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Maya v S (A284/2010) [2012] ZAFSHC 15 (16 February 2012)
The Free State High Court reduced a rape sentence from 20 to 12 years after finding the magistrate applied the wrong sentencing regime.
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