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South Africa decisions
Decisions matching the current search
Tsolane v S (A305/2022) [2024] ZAGPPHC 476 (16 May 2024)
The High Court dismissed an appeal against a life sentence for repeated sexual offences against a minor, finding no substantial and compelling circumstances.
Mathunjwa v S (AR351/2017) [2023] ZAKZPHC 56 (29 May 2023)
The High Court upheld an appeal against conviction and sentence because the trial record was incomplete and could not be reconstructed.
Manga v S (CA&R 240/2019) [2023] ZAECMKHC 6 (25 January 2023)
The High Court set aside a conviction and sentence after finding the reconstructed trial record was wholly inadequate and procedurally defective.
Malebo v S (A153/2021) [2022] ZAFSHC 297 (4 November 2022)
Appeal dismissed in a child sexual offence case. The High Court upheld convictions and life imprisonment, finding the evidence credible and no substantial and compelling circumstances.
De Lange v S (A122/2019) [2022] ZAMPMHC 8 (17 June 2022)
The court found that the trial court had properly considered all relevant factors in sentencing the appellant, including the seriousness of the offence, the interests of society, and the appellant's personal circumstances. The trial court was not bound by the recommendations of the social worker or probation officer and was entitled to impose a custodial sentence given the gravity of the sexual offence against a minor. The appellant failed to demonstrate any misdirection or improper exercise of discretion by the trial court. The appeal court concluded that the sentence of 4 years' direct impr…
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Botha v The State (546/2021) [2022] ZASCA 87 (8 June 2022)
The Supreme Court of Appeal upheld a 36-year effective sentence for repeated sexual offences against a child, finding no basis to interfere with the sentences.
van der Walt v S (A70/2021) [2022] ZAFSHC 137 (1 June 2022)
The court found that the trial court correctly rejected the appellant's version as false and that the evidence of complainants 1 and 3 was sufficiently detailed and credible to sustain convictions on counts 1 and 3. However, the evidence of complainant 2 (counts 2 and 4) was marred by material discrepancies and lack of corroboration, rendering those convictions unsafe. The trial court erred in collectively evaluating the complainants' evidence without addressing individual contradictions, particularly regarding complainant 2. The sentences imposed for counts 1 and 3 were not shockingly inappr…
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S v Mofokeng (R08/2022) [2022] ZAFSHC 84 (29 April 2022)
The High Court confirmed the conviction for attempted rape but set aside a 15-year sentence as incompetent and remitted the matter for fresh sentencing.
Dorrepaal v S (CA&R26/2020) [2021] ZANCHC 14 (12 March 2021)
Appeal against convictions for child sexual offences and life sentences dismissed; the High Court upheld the complainant’s evidence, corroboration, and minimum sentences.
Nkopane v S (A185/2019) [2020] ZAGPPHC 799 (11 December 2020)
High Court appeal against sentence for attempted rape and rape of a child was dismissed. The court found no substantial and compelling circumstances to depart from prescribed minimum sentences.
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