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South Africa decisions
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S v Adams en Ander (C635/09) [2010] ZAWCHC 530 (8 November 2010)
On automatic review, the High Court set aside two theft convictions and sentences after finding unreliable identification, unproven ownership, and no proof of value.
Pienaar v S (CA&R 122/02) [2003] ZANCHC 26 (24 February 2003)
The High Court dismissed an appeal against a theft conviction and four-year sentence, holding that the magistrate correctly accepted the State's evidence.
S v Shanduama (34/88) [1989] ZASCA 119 (26 September 1989)
The appellate court held that the trial court correctly exercised its discretion in sentencing, giving due consideration to both aggravating and mitigating factors. The high value and quantity of diamonds misappropriated by the appellant justified a more severe sentence than that imposed on other accused. The appellant's ignorance of the precise value did not diminish the seriousness of the offence, as he knowingly retained and attempted to remove the diamonds from the mine. The disadvantages of contract employment were acknowledged but did not amount to exploitation by the employer sufficien…
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