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South Africa decisions
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S v Mlambo and Others (R73/2020) [2021] ZAFSHC 48 (24 February 2021)
The High Court reviewed an impermissible trespassing sentence, replacing it with two years’ imprisonment from 23 August 2019 and ordering concurrency with related sentences.
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…
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Mokoena v S (A15/2017) [2018] ZAGPPHC 356 (17 May 2018)
The High Court dismissed a criminal appeal against a trespassing conviction and sentence, finding the appellant knew of the eviction and had no basis to remain.
Mokoena v S (A15/2017) [2018] ZAGPPHC 387 (17 May 2018)
The High Court dismissed an appeal against a trespassing conviction and sentence, finding the appellant knew of the eviction and had no basis to remain on the property.
S v Sikhosana (265/17, 02/17, 185/2015) [2017] ZAGPPHC 701 (10 October 2017)
A special criminal review set aside the accused’s conviction for contempt of court and trespassing after Nedbank admitted the sale in execution was erroneous.
S v Erasmus (229/2015, 17/2016) [2016] ZANCHC 35 (4 November 2016)
The court found that after withdrawal of the main charge, the two alternative counts of theft and trespassing were treated as substantive counts. The accused admitted all elements of both offences, but his statement made clear that trespassing was committed solely to facilitate the theft, demonstrating a single intent and a continuous criminal transaction. Applying the single intent and continuous transaction tests, the court held that the conviction for trespassing amounted to a duplication of convictions and should be set aside. The references to 'Alt' and '2nd Alt' in the charge sheet were…
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Khoza v S (A124/14) [2014] ZAGPPHC 334 (10 June 2014)
The court found that the magistrate correctly considered all relevant evidence, including the appellant's lack of residence and family ties in South Africa, his ability to cross borders undetected, and the absence of an extradition treaty with Mozambique. The seriousness of the offences and the risk of absconding outweighed the appellant's undertakings and his brother's assurances. The respondent discharged its onus to show that release on bail was not in the interests of justice. There was no misdirection by the court a quo, and the appeal was dismissed.
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S v Tsolo and Others (159/2013) [2013] ZAFSHC 140 (15 August 2013)
High Court review setting aside irregular sentences and convictions where charges were split, a withdrawn count was sentenced, and the wrong Riotous Assemblies Act citation was used.
S v Mayona and Another (181/2012, 182/2012) [2012] ZAFSHC 212 (15 November 2012)
The court held that a Mine Health and Safety regulation remained in force, but set aside convictions under it as an impermissible duplication with trespassing.
S v Maneela and Another (411/2011) [2012] ZAFSHC 16 (16 February 2012)
On criminal review, the High Court confirmed the sentences for trespassing and immigration offences but set aside forfeiture of R10,200 found with the accused.
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