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South Africa decisions
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Lelala v S (A140/2015) [2017] ZAFSHC 105 (15 June 2017)
The High Court upheld a criminal appeal, setting aside the conviction and sentence after finding the warning statement inadmissible and the money evidence insufficient.
Manyathela v S (A215/2016) [2016] ZAGPPHC 1025 (13 December 2016)
Appeal against conviction dismissed after the court upheld the admissibility of the appellant’s magistrate-made statement following a trial-within-a-trial.
Zulu v S (AR 69/13) [2015] ZAKZPHC 32 (19 June 2015)
The court found that the trial court had conducted a thorough and careful analysis of the evidence, properly evaluating the reliability of witnesses and the circumstances surrounding the appellant's statements. The alleged ambiguity in the indictment regarding sentencing provisions was not material, as the appellant was legally represented and adequately warned. The attacks on the admissibility and voluntariness of the statements to Capt Smith and Capt Zondo were rejected, as the trial court's findings were supported by the evidence and no material irregularities were identified. The evidence…
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S v Luphoko (352/91) [1992] ZASCA 150 (17 September 1992)
The Supreme Court of Appeal found that the confession made by the appellant was admissible, as the record demonstrated it was made voluntarily and without improper influence. The appellant failed to discharge the onus of proving otherwise. The evidence, including the confession and the appellant's own testimony, overwhelmingly established his guilt for the murder of the four-year-old victim. The court considered mitigating factors, such as the appellant's lack of previous convictions and possible influence by Ambrose, but found that the aggravating factors, including the brutality of the crim…
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