Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
S v Hlongwane (R64/2021) [2021] ZAFSHC 238 (14 October 2021)
On special review, the High Court found the suspended sentence condition was too vague and replaced it with a precise condition tied to section 17(a) of the Domestic Violence Act.
Killian v S (25/201/2021) [2021] ZAWCHC 144; 2021 (2) SACR 371 (WCC) (3 August 2021)
On automatic review, the High Court corrected an imprecise suspended sentence condition after a domestic violence conviction, replacing it with a clearer formulation.
S v Mrona (R09/ 2020) [2020] ZAMPMHC 14 (8 June 2020)
The conviction and sentence for intimidation under section 1(1)(b) of the Intimidation Act were set aside because the Constitutional Court had declared the section unconstitutional and invalid, with retrospective effect. The suspended sentence for assault was reviewed because the condition prohibiting contact with the complainant was inappropriate and did not serve the proper purpose of a suspended sentence. The court held that conditions of suspension must relate to the offence and serve as a deterrent against future similar conduct. The sentence was replaced with a condition that the accuse…
Source excerpt
S v Makhetha (R16/2020) [2020] ZAFSHC 94; 2020 (2) SACR 410 (FB) (14 May 2020)
The High Court confirmed the conviction but amended a suspended sentence condition that was too broad and imprecise in an immigration offence case.
S v Jujuse (R15/2020) [2020] ZAFSHC 28 (13 February 2020)
The court found that the original sentence imposed by the trial magistrate was ambiguous in its conditions for suspension, failing to specify that the offence must be committed within the period of suspension. Additionally, the reference to Section 103 was incomplete and could cause confusion regarding the accused's status in relation to firearm possession. The court replaced the sentence to clarify that the suspension applies only if the accused is not convicted of contravening section 1(1) of Act 6 of 1959 (Trespassing) committed within the period of suspension, and explicitly declared the…
Source excerpt
S v Lenkoe (R17/2020) [2020] ZAFSHC 21 (13 February 2020)
High Court review of a guilty plea for speeding. The court set aside the conviction and sentence after finding defective plea proceedings and an unrelated suspended-sentence condition.
S v Hoffmeester (R347/2018) [2018] ZAFSHC 216 (24 December 2018)
On special review, the High Court confirmed a dagga-possession conviction but amended an overly broad suspended sentence condition to avoid retrospective prejudice.
S v Rantsie (159/17) [2017] ZAGPPHC 872 (6 September 2017)
The High Court reviewed a magistrate’s sentence for housebreaking and corrected an overly broad suspended-sentence condition that referred to any offense.
S v Masemola (CM433/2016) [2017] ZAGPPHC 259 (6 June 2017)
The High Court reviewed a magistrate’s sentence, deleted an incorrect reference to section 300 of the Criminal Procedure Act, and set aside an order treating two counts as one for sentence.
S v Phantsa (R160/2016) [2017] ZAFSHC 8 (5 January 2017)
On automatic review, the High Court confirmed the convictions but set aside and corrected improperly framed suspended sentences, while upholding ancillary orders.
Explore more
