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South Africa decisions
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Xulu v S (A712/2015) [2016] ZAGPPHC 1092 (14 December 2016)
High Court appeal against sentence for theft of a SANDF rifle succeeded. Four years' imprisonment was replaced with three years' correctional supervision.
S v Yende (A439/15) [2015] ZAGPPHC 574 (1 July 2015)
High Court review of firearm convictions: pointing of a firearm was confirmed, but theft and semi-automatic possession findings were set aside for lack of proof.
S v Barlow (0045/2010) [2012] ZAGPJHC 303 (27 August 2012)
The court found that the accused's version of events was not reasonably possibly true. The evidence of the State witnesses, particularly Myrna Botha, was accepted as credible and consistent with the forensic findings. The accused's conduct after the incident, including fleeing the scene with the deceased's firearm and failing to call corroborating witnesses, indicated guilt. The court rejected the accused's claim of self-defence, noting that the deceased was shot multiple times and that the accused was in possession of the firearm after the shooting. The accused was convicted of murder, theft…
Source excerpt
S v Tieties (CA&R 135/03) [2004] ZANCHC 26 (26 August 2004)
The court refused condonation and upheld the habitual-criminal declaration, finding the appellant’s long record of similar offences justified the sentence.
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