South Africa Case Law

Makofane and Another v S (A1099/09)

Makofane and Another v S (A1099/09) [2010] ZAGPPHC 241 (10 December 2010)

Court

North Gauteng High Court, Pretoria

Case number

A1099/09

Judges

BAM, N RANCHOD

The court found that the evidence of Inspector Masango established beyond reasonable doubt that the appellants escaped from lawful custody after being locked up in a police cell. Although the appellants claimed to have been released, there was no supporting evidence or register entry to corroborate their defence. The court accepted that the appellants should have been charged under section 117 of the Correctional Services Act rather than section 51(1) of the Criminal Procedure Act, as the escape occurred after detention. However, the essential elements of both offences are substantially simil…

Source excerpt

• Escape From Custody
• Criminal Procedure Act
• Correctional Services Act
• Onus Of Proof
• Substitution Of Conviction

S v Matras (1986/2004)

S v Matras (1986/2004) [2005] ZAFSHC 72 (10 February 2005)

Court

Free State High Court, Bloemfontein

Case number

1986/2004

Judges

Wright, Van Der Merwe

The High Court set aside a conviction under the Criminal Law Amendment Act and substituted housebreaking with intent to steal and theft, confirming a one-year sentence.

• Housebreaking With Intent To Steal
• Theft
• Intoxication
• Criminal Capacity
• Substitution Of Conviction
• Housebreaking-with-intent-to-steal

S v Mothibedi (CA 38/2003)

S v Mothibedi (CA 38/2003) [2003] ZANWHC 19 (3 April 2003)

Court

North West High Court, Mafikeng

Case number

CA 38/2003

Judges

JHF Pistor, BE Nkabinde

The court set aside a conviction under section 51(1) of the Criminal Procedure Act and substituted one under section 117(a) of the Correctional Services Act, confirming the sentence.

• Escape From Custody
• Correctional Services Act
• Statutory Interpretation
• Substitution Of Conviction
• Escape-from-custody
• Correctional-services-act