South Africa Case Law

Salmans (Salmons) v S (A205/05)

Salmans (Salmons) v S (A205/05) [2005] ZAWCHC 84; 2006 (1) SACR 333 (C) (10 November 2005)

Court

Western Cape High Court, Cape Town

Case number

A205/05

Judges

J G Foxcroft, A Le Grange

The court found that the complainant's identification of the appellant was reliable, as she knew him personally and provided a detailed description. The corroborative evidence of Kevin Ceasar further supported the identification. The presence of a witness in court during another's testimony was not an irregularity sufficient to vitiate the trial, as there was no indication that the evidence was adapted or prejudiced. On the legal question of whether the facts supported robbery or theft, the court held that the grabbing of the cellphone from the complainant's hand constituted sufficient force…

Source excerpt

• Robbery
• Theft Vs Robbery
• Force And Violence
• Identification Evidence
• Trial Irregularity

S v Mtsweni (131/84)

S v Mtsweni (131/84) [1984] ZASCA 150; [1985] 3 All SA 344 (AD) (29 November 1984)

Court

Supreme Court of Appeal

Case number

131/84

Judges

Rabie, Jansen, Miller, Smalberger, Vivier

The court held that circumstantial evidence and the accused’s lies did not prove murder or robbery, but did support theft of the deceased’s vehicle.

• Circumstantial Evidence
• Inference Vs Speculation
• Credibility Of Accused
• Theft Vs Robbery
• Murder
• Sentencing