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Citation
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Judgment date
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| December 2019 |
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Court prioritizes rehabilitation, accountability, and community service in sentencing youth for culpable homicide under Child Justice Act.
Criminal law – sentencing of child offenders – culpable homicide – rehabilitation and reintegration under Child Justice Act – youth as a mitigating factor – restorative justice – suspended sentence – community service – remorse and accountability.
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6 December 2019 |
| November 2019 |
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The accused convicted of rape was sentenced to life imprisonment; no substantial and compelling circumstances justified deviation, and the court stressed the importance of victim impact statements.
Criminal law — Sentencing — Rape under s 3 Sexual Offences Act read with s 51(1) Criminal Law Amendment Act — statutory minimum life sentence; substantial and compelling circumstances — victim impact statements (VIS) — sentencing objectives: denunciation, deterrence, protection, proportionality — previous convictions and ancillary measures (firearms, sexual offenders register, suitability to work with children).
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29 November 2019 |
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A credible child complainant and corroborative evidence established the accused's identity and warranted conviction for rape.
Criminal law — Rape; identification evidence — prior acquaintance and recognition evidence; single child complainant — credibility and reliability; corroboration by secondary witness and medical report; bare denial and insufficiency of alibi; absence of DNA profiling not dispositive.
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29 November 2019 |
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Court imposed heavy custodial sentences (effective 40 years) for serial rape, robbery and related offences; no substantial and compelling circumstances found.
Criminal law — Sentencing — Rape and robbery with aggravating circumstances — Mandatory minimum sentences (s51(2) Criminal Law Amendment Act) — Substantial and compelling circumstances — Serial offending, lack of remorse, public abhorrence, deterrence, proportionality and totality principles — Concurrency vs consecutiveness — Ancillary orders under Firearms Control Act and Children’s Act; victim impact statements and remedial directions.
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27 November 2019 |
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Court applied Malgas proportionality and totality, finding substantial and compelling circumstances and imposing a 28-year effective term.
Sentencing — Sexual offences and robbery with aggravating circumstances; minimum sentences under Criminal Law Amendment Act; substantial and compelling circumstances (Malgas test) — proportionality and totality principles; pre-trial detention as part of mitigation; concurrency under s280(2) Criminal Procedure Act; s103 Firearms Control Act search/seizure; victims’ parole-representation rights (s299A).
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26 November 2019 |
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The accused was convicted of rape and aggravated robbery based on credible identification and matching DNA evidence.
Sexual offences — rape; Robbery with aggravating circumstances; Identification evidence and ADVOKATE-type factors; Forensic DNA evidence; Chain of custody of exhibits; Credibility and alibi evaluation.
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26 November 2019 |
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Sentencing in sexual and robbery offenses considers deterrence, denunciation, and the accused's mitigating circumstances.
Criminal Law - Sentencing - Sexual Offences - Robbery with Aggravating Circumstances - Application of Prescribed Minimum Sentences - Substantial and Compelling Circumstances - Concurrent Sentencing.
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26 November 2019 |
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Court reduced prescribed minimum sentence for murder due to provocation, proportionality and reduced moral blameworthiness.
Sentencing – substantial and compelling circumstances (s 51(3) Criminal Law Amendment Act) – proportionality and moral blameworthiness – provocation and behaviour of deceased as mitigating factors – limits on suspended sentences (s 297(4) Criminal Procedure Act; s 51(5) Criminal Law Amendment Act) – firearms fitness and ancillary orders under s 103 Firearms Control Act 60/2000 – use of suspension and compensation orders.
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25 November 2019 |
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Identification evidence based on brief, nighttime observations and delayed identification was held unsafe; accused acquitted.
Criminal law – Identification evidence – Visual eyewitness identification at night – fleeting glance observations – delay between incident and pre-trial identification – non-specific descriptive features – requirements for reliable identity parade evidence – conviction unsafe where identification circumstances unfavourable.
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22 November 2019 |
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21 November 2019 |
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A court reduced the mandatory 15‑year minimum for murder to nine years, finding youth, remorse, provocation and proportionality constituted substantial and compelling circumstances.
Criminal law – Sentencing – Murder – Minimum sentences (s51 Criminal Law Amendment Act) – Whether substantial and compelling circumstances present to justify sentence below 15 years – Youth/immaturity, remorse, provocation and proportionality as mitigating factors – Voluntary intoxication not a significant mitigation.
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21 November 2019 |
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Court reduced mandatory life exposure, imposed 33-year effective term after finding substantial and compelling circumstances.
Sentencing — armed robbery with aggravating circumstances; murder; attempted murder — mandatory minimums under Criminal Law Amendment Act s51 — substantial and compelling circumstances (proportionality, detention period, role played) — concurrency of sentences — ancillary firearms seizure and social welfare notifications.
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19 November 2019 |
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Eyewitness reliability, recent possession and common purpose established convictions for robbery, murder and attempted murder.
Criminal law — Eyewitness identification — reliability assessed by opportunity, duration, lighting, detail and corroboration; Identity parade — adverse inference not drawn where not properly explained; Recent possession — vehicle recovered hours after robbery supports inference of guilt; Common purpose — presence, shared unlawful purpose and conduct sufficed to convict both accused.
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19 November 2019 |
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Insults and a slap did not constitute sudden provocation; accused convicted of murder on dolus eventualis despite intoxication.
Criminal law – Murder – Dolus eventualis established where accused returned after provocation and stabbed deceased; provocation requires suddenness and reasonable ordinary-person standard; intoxication insufficient to negate specific intent; section 51(1) minimum-sentence not established where no evidence of planning.
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19 November 2019 |
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Private defence rejected; second accused convicted of murder, first convicted of unlawful firearm discharge.
Criminal law – private defence – reasonableness and proportionality of force; single-witness evidence assessment; section 174 discharge; competent verdicts under section 270; common purpose elements and mens rea (dolus eventualis) for murder.
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6 November 2019 |
| October 2019 |
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Accused convicted for removal and sale of railway tracks; court proceeded despite representation delays and rejected mandatory-minimum reliance.
Criminal law – abuse of right to representation; trial proceeded under s342A and s73(2)(c) – recusal (apprehended bias) – standard for recusal; evidentiary sufficiency and corroboration; right to silence and consequences of unchallenged evidence; section 51(2) CLA – requirement to prove 'essential infrastructure/basic services' and adequate pleading under s35(3) Constitution.
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30 October 2019 |
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A suspended custodial sentence with restitution and community service was imposed for planned theft affecting infrastructure.
Criminal law – Theft of infrastructure-related property; sentencing principles – proportionality, denunciation and deterrence; restorative justice and restitution as part of punishment; suspended sentence and community service; mitigating factors (age, health, first offender); ancillary firearms measures under Firearms Control Act s103.
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30 October 2019 |
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Repeat motor vehicle theft shortly after parole warrants direct imprisonment despite expressed remorse due to deterrence and denunciation.
Criminal law – Sentencing – Motor vehicle theft – prevalence and social cost – general and specific deterrence – remorse and guilty plea as mitigation – previous convictions and recent parole as aggravating factors – direct imprisonment ordered.
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29 October 2019 |
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Plaintiff failed to prove malicious or wrongful disciplinary proceedings; absolution granted and costs awarded to defendant.
* Delict — malicious prosecution: requirement of institution, absence of reasonable and probable cause, malice (animus iniuriandi), and failure of prosecution.* Disciplinary proceedings as lawful forum to test allegations; investigatory report and signed statement can constitute reasonable cause.* Defamation — publication, objective reputational prejudice, and requirement to plead and prove animus iniuriandi; hearsay/corroboration limits admissibility.* Costs — successful defendant entitled to costs where plaintiff fails to establish a prima facie case.
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24 October 2019 |
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Life imprisonment imposed where the accused’s circumstances were not substantial and compelling to avoid the prescribed minimum.
Criminal law – Sexual offences against children – Application of s51(1) Criminal Law Amendment Act 105 of 1997 – Minimum sentence of life imprisonment – Substantial and compelling circumstances – Alcohol and personal circumstances not automatically mitigating – Victim impact and deterrence emphasized.
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22 October 2019 |
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Child’s credible testimony, corroborated by witness and medical evidence, established sexual offences; bare denial insufficient, accused convicted.
* Criminal law — Sexual offences against a child — Assessment of child evidence; intermediary assistance and common‑sense approach to inconsistencies. * Corroboration — Role of independent witness testimony and medical (J88) evidence in proving penetration and force. * Procedure — Court’s discretion to call medical practitioner where J88 is unclear. * Evidence — Bare denial insufficient when contradicted by credible, corroborated evidence.
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3 October 2019 |
| September 2019 |
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The court imposed prescribed minimum sentences for rape and robbery, finding no substantial and compelling circumstances to justify a lesser sentence.
Criminal law – sentencing – prescribed minimum sentences – section 51 of Criminal Law Amendment Act 105 of 1997 – whether substantial and compelling circumstances exist justifying departure from statutory minimum – considerations of proportionality, deterrence, denunciation, and rehabilitation – rape and robbery – aggravating versus mitigating factors.
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30 September 2019 |
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The court convicted the accused of robbery and rape, finding no credible evidence of consent or a prior relationship.
Criminal law – Rape – Consent – Assessment of credibility in sexual offence cases – Requirement for corroboration – DNA evidence – Burden of proof – Robbery.
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27 September 2019 |
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Court applies suspended imprisonment and community service for assault with intent to do grievous bodily harm, emphasizing deterrence and proportionality.
Criminal law – sentencing – assault with intent to do grievous bodily harm – mitigating and aggravating factors – role of deterrence – suspended sentence – community service as condition – Firearms Control Act consequences.
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27 September 2019 |
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Private defence failed due to excessive force and lack of causal link between accused's actions and death; conviction for assault substituted for murder.
Criminal law – Murder – Private defence – Requirements for valid private defence – Proportionality and necessity of force – Causation – Evidence – Credibility of intoxicated witnesses – Where causal link between accused's actions and death not proven, acquittal on murder but conviction on assault with intent to do grievous bodily harm appropriate.
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27 September 2019 |
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Restorative justice and significant community restitution were prioritized over direct imprisonment for dealing in cannabis.
Criminal law – Sentencing – Dealing in drugs – Value and common purpose under Criminal Law Amendment Act – Principles of restorative justice and proportionality – Restitution and community service as conditions of suspended sentence. |
26 September 2019 |
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The court convicted the accused on multiple rape, robbery, housebreaking, and theft charges after rejecting myths and stereotypes undermining complainant credibility.
Criminal law – Sexual offences – Rape – Consent – Credibility of complainant – Single witness – Myths and stereotypes regarding sexual assault victims – Delayed reporting – Robbery – Housebreaking – Fingerprint evidence – Sufficiency of identification evidence – Burden of proof – Doctrine of similar fact evidence.
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25 September 2019 |
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The accused was acquitted of murder and firearm offences due to insufficient circumstantial evidence and unreliable witness testimony.
Criminal law – circumstantial evidence – doctrine of recent possession – proof of possession – credibility and consistency of witness evidence – onus of proof – discharge and acquittal where state fails to prove case beyond reasonable doubt.
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25 September 2019 |
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Identification under poor lighting and suggestive procedures was insufficient; the accused was acquitted.
Criminal law – Identification evidence – visual/dock identification – dangers of mistaken identification where observation occurred in poor lighting and after suggestive viewing; clothing-based identification insufficient; single-witness identification requires caution and corroboration where identity is the pivotal issue.
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16 September 2019 |
| August 2019 |
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Curatrix bonis failed to prove a divorce was void ab origine and lacked the Master’s approval; rescission dismissed with costs.
Magistrates' Courts — rescission under s36(1)(b) and Rule 49(8) — void ab origine — applicant must plead and prove facts vitiating judgment with particularity; Curatorship — curatrix bonis requires Master’s approval to institute certain proceedings; Capacity to marry/divorce — medical reports years after events do not establish incapacity at relevant times; Appropriate remedies include review or annulment/variation rather than rescission where irregularity is alleged.
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23 August 2019 |
| July 2019 |
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Court balanced section 51 minimum sentences against substantial and compelling circumstances, imposing consecutive sentences and multiple ancillary orders.
Criminal law – sentencing – sexual offences – rape of vulnerable/mentally disabled person – application of section 51 Criminal Law Amendment Act – substantial and compelling circumstances – consecutive sentences – ancillary orders (firearms, sexual offenders register, victim therapy, children’s services).
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29 July 2019 |
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Personal hardship and family circumstances do not outweigh the gravity of violent crime for purposes of minimum sentence legislation.
Criminal law – Sentencing – Minimum sentences – Robbery with aggravating circumstances – Application of Section 51(3)(a) of the Criminal Law Amendment Act 105 of 1997 – Substantial and compelling circumstances – Concurrent sentences – Proportionality – Aggravating versus mitigating circumstances – Interests of dependents – Firearm offences.
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26 July 2019 |
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Accused convicted of two rapes and housebreaking; complainant's intellectual disability negated consent and intoxication defence failed.
Sexual offences — capacity to consent — intellectual disability and appreciation of nature and consequences; circumstantial and DNA evidence as corroboration; intoxication/temporary non-pathological criminal incapacity — evidentiary burden and Eadie principles; housebreaking with intent to commit rape; corroboration and after‑the‑fact conduct.
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22 July 2019 |
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A renewed bail application was dismissed as the applicant failed to establish genuinely new or material facts justifying release.
Criminal procedure – bail – fresh application on alleged new facts – meaning of 'new facts' – assessment of material change in circumstances – hardship and reduction of charges considered – application dismissed.
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17 July 2019 |
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Only the first accused was convicted of attempted murder and firearm offences; co-accused were acquitted due to lack of proof.
Criminal law – attempted murder – identification evidence – assessment of witness credibility and inconsistencies – firearm possession – lawfulness of search and seizure – application of common purpose – acquittal where burden not met.
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17 July 2019 |
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Minimum sentences for violent robbery upheld as personal circumstances of first offenders found not to justify deviation.
Sentencing – Robbery with aggravating circumstances – Minimum sentence legislation – Substantial and compelling circumstances – Personal circumstances of first offenders – Use of firearms – Denunciation and deterrence – Whether deviation from prescribed minimum sentence warranted.
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15 July 2019 |
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Court suspends imprisonment and imposes restorative conditions (compensation, apology) for unauthorised borrowing.
Criminal law – Sentencing – Unauthorized borrowing (s 1(1) General Law Amendment Act 50/1956) – Suspended imprisonment – Restorative justice – remorse assessment – compensation and apology as sentencing conditions.
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11 July 2019 |
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Accused convicted on multiple charges including aggravated robbery and firearm offences based on reliable identification, common purpose, and circumstantial evidence.
Criminal law – identification evidence – reliability – circumstantial evidence – application of doctrine of common purpose – joint possession of firearms and ammunition – credibility of witnesses – competing versions – post-offence conduct as corroboration – housebreaking, aggravated robbery, firearm offences, and attempted murder.
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10 July 2019 |
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Both accused were acquitted after the state failed to produce sufficient evidence to support a conviction for murder and related charges.
Criminal procedure – section 174 discharge – sufficiency of evidence – informal admissions – circumstantial evidence – right to silence – acquittal where state fails to establish a prima facie case.
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5 July 2019 |
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Court refused to revisit bail as applicants failed to establish material new facts since the original bail hearing.
Criminal procedure – bail – reconsideration of bail upon alleged new facts – criteria for determining whether new facts exist – relevance of delays in investigation and prosecutorial directives to bail proceedings.
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4 July 2019 |
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Court convicted the accused for dealing in cannabis, finding reliable identification despite no identity parade and witness statement omissions.
Criminal law – identification – failure to hold identity parade – witness statements – discrepancies and omissions – bare denial and alibi – weight of evidence – conviction for dealing in drugs.
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2 July 2019 |
| May 2019 |
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The court balanced the seriousness of assault against mitigating factors, imposing a wholly suspended sentence and declining a firearm ban.
Criminal law – sentence – assault on a minor – consideration of period spent in pre-trial detention – discretion under Firearms Control Act not to declare accused unfit to possess a firearm – wholly suspended sentence imposed.
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29 May 2019 |
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A rape prosecution failed due to lack of evidence of penetration, resulting in a conviction for assault instead.
Criminal law – Sexual offences – Rape – Evidence of child witnesses – Medical evidence inconsistent with penetration – Assessment of child witnesses – Conviction for assault as a competent verdict where evidence insufficient for rape.
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28 May 2019 |
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Whether the State proved the accused's identity and unlawful firearm possession in a fatal shooting.
* Criminal law – identity and eyewitness evidence – application of single-witness caution and previous acquaintance principles.
* Criminal procedure – s174 discharge — adequacy of State evidence at close of case.
* Defences – late-disclosed alibi – weight to be attached and effect on verdict.
* Firearms control – unlawful possession of firearm and ammunition; evidential presumptions and Sehoole authority.
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23 May 2019 |
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Court imposed a sentence exceeding the statutory minimum for gang-rape of a minor, finding no substantial and compelling mitigation.
Criminal law – sentencing – rape – minimum sentence regime – substantial and compelling circumstances – proportionality – aggravating factors – individualized and consistent sentencing – National Register for Sex Offenders – suitability to work with children – post-sentence victim assessment and support.
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14 May 2019 |
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A police officer was convicted of murder and of handling a firearm under the influence of alcohol after a fatal shooting in a shop.
Criminal Law – Murder – Dolus eventualis – Police officer shooting civilian – Assessment of intent – Eyewitness and forensic evidence – Contradictory defense version – Firearms Control Act – Handling firearm under influence of alcohol.
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13 May 2019 |
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A repeat offender convicted of housebreaking with intent to steal was sentenced to six years' imprisonment due to persistent reoffending.
Criminal law – sentencing – housebreaking with intent to steal and theft – repeat offender – previous convictions – relevance of prior record – proportionality – deterrence – protection of society – rehabilitation.
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9 May 2019 |
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A late application by the prosecution to reopen its case after defence closure is refused to avoid prejudicing the accused.
Criminal procedure – reopening of State’s case – application by prosecution after defence closed their case – test for reopening – prejudice to accused – finality in judicial proceedings – late introduction of evidence – disclosure of alibi defence.
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3 May 2019 |
| April 2019 |
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The court convicted the accused of housebreaking with intent to rape and rape, relying on credible single witness and DNA evidence.
Criminal law – sexual offences – single witness evidence – previous knowledge identification – DNA evidence – reliability of complainant's testimony – alibi defence – absence of physical injuries – myths and stereotypes in sexual offence trials.
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30 April 2019 |
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A court must impose the prescribed minimum sentence for robbery with aggravating circumstances absent substantial and compelling reasons for deviation.
Criminal law – sentencing – robbery with aggravating circumstances – prescribed minimum sentence – factors to consider for deviation – aggravating and mitigating circumstances – principles of proportionality and public interest – period of pre-sentence detention considered but not decisive.
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26 April 2019 |