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Citation
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Judgment date
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| December 2020 |
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COVID-19 alone is not a material change warranting bail; applicants must show new, credible, relevant facts.
Bail — subsequent application — new facts test — material and relevant change — COVID-19 considered a factor but not per se ground for release — need for medical evidence of vulnerability — proportionality and public confidence in bail decisions.
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15 December 2020 |
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A court may impose imprisonment on a child (14+) for Schedule 3 murder where proportionality and accountability justify custody.
Child Justice Act – sentencing of child offender aged 14+ for Schedule 3 offence (murder); custody as last resort; balancing rehabilitation, proportionality and accountability; factors in s69(4); publication restrictions and victim support orders.
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14 December 2020 |
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A 19‑year‑old was sentenced to five years' imprisonment for culpable homicide with a knife; custodial sentence preferred over correctional supervision.
Criminal law – Sentencing – Culpable homicide involving a knife – high moral blameworthiness; custodial sentence appropriate despite youth. Sentencing principles – proportionality, denunciation, general and specific deterrence, rehabilitation. Ancillary orders – Firearms Control Act s103 search and seizure; victim family psychological assessment and therapy.
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8 December 2020 |
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Accused acquitted: court finds private defence established and State failed to prove guilt beyond reasonable doubt.
Criminal law – homicide – private defence: assessment of subjective belief and objective reasonableness; single eyewitness evidence; medico‑legal evidence on wound causation; standard of proof beyond reasonable doubt.
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3 December 2020 |
| November 2020 |
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Sentencing a 13‑year‑old for attempted rape: Child Justice Act principles applied; non‑custodial correctional supervision imposed.
Child Justice Act sentencing — objectives (rehabilitation, reintegration, proportionality, accountability); custody as last resort; s76 compulsory residence and s77 prohibition on imprisonment under 14; correctional supervision, suspended imprisonment and victim assessment/therapy.
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24 November 2020 |
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Summary judgment was refused due to evidentiary defects and the existence of triable issues regarding arrears under an instalment sale agreement.
Credit agreement – Summary judgment – Requirements for admissible proof under the Electronic Communications and Transactions Act – Certificate of balance – Triable issue and bona fide defence – Court’s discretion to refuse summary judgment where injustice might occur.
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19 November 2020 |
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Court prioritises denunciation and deterrence in sentencing for receiving stolen motor vehicles, imposing partly suspended imprisonment.
Criminal law – Receiving stolen property (s37 General Law Amendment Act 62/1955) – Sentencing: proportionality, parity, denunciation and general deterrence – weight of pre-sentence detention and remorse – suspended sentence versus imprisonment – firearms fitness (s103(1) Firearms Control Act 60/2000).
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18 November 2020 |
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Circumstantial and eyewitness evidence tied the accused to the killing, but intent to murder was not proved.
Criminal law – circumstantial evidence and eyewitness testimony – proof beyond reasonable doubt – specific intent required for murder – culpable homicide; Evidence – intoxicated witnesses – assessment of credibility; After‑the‑fact conduct – flight and bloody weapon as corroboration of identity but not proof of intent.
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13 November 2020 |
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The accused discharged under section 174 where the prosecution failed to establish a prima facie case on possession of a suspected stolen vehicle.
Criminal law — Possession of suspected stolen goods (s36 General Law Amendment Act) — Reasonable suspicion must be objectively supported — Satisfactory explanation test is subjective (bona fide belief) — Prosecution must establish a 'case to meet' before placing accused on defence — Discharge under s174 where conviction would require self‑incrimination.
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6 November 2020 |
| October 2020 |
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The applicant’s leave to appeal refused for lack of realistic prospects and unsubstantiated grounds.
Criminal procedure – application for leave to appeal – test for leave: realistic prospects of success on balance of probabilities – grounds must be factually supported and not frivolous – sentencing considerations and Malgas principle – leave to appeal refused.
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30 October 2020 |
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A juvenile convicted of raping a four‑year‑old received six years imprisonment where seriousness and culpability rebutted diminished youth culpability.
Child Justice Act – sentencing juveniles – imprisonment permissible for Schedule 3 sexual offences; factors under s69(4) – seriousness of offence, culpability, victim impact, community protection; diminished moral culpability of youth is rebuttable; victim support and publication prohibition for minors.
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30 October 2020 |
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Single-witness identification supported conviction for attempted murder despite intoxication and a bare denial.
Criminal law – Identification evidence – single witness identification; cautionary rule; prior acquaintance and observational conditions; s174 Criminal Procedure Act – discharge application; oath-against-oath – weight of bare denial; attempt – inference of intent from shooting vital body parts.
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29 October 2020 |
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The State failed to prove murder beyond reasonable doubt; credible accused version and forensic evidence led to acquittal.
Criminal law – murder – whether State proved guilt beyond reasonable doubt; credibility of intoxicated witnesses; corroboration by forensic evidence. Criminal procedure – trial management – judicial intervention to curtail repetitive or irrelevant cross-examination while safeguarding right to test witnesses. Evidence – post-offence conduct and reenactment – probative value assessed in context. Self-defence/accidental infliction in struggle – consistency with injuries and probabilities may support acquittal.
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29 October 2020 |
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Accused acquitted: force in response to assault constituted private defence; State failed to prove unlawful causation beyond reasonable doubt.
Criminal law – Murder – Private defence: reasonable relationship between attack and defensive act; circumstantial evidence and burden to prove unlawful causation beyond reasonable doubt; absence of eyewitness and expert evidence weakens prosecution case.
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27 October 2020 |
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Court found substantial and compelling circumstances and sentenced the accused to ten years for murder, with firearms and victim-notification orders.
Criminal law – Sentencing – Murder – Minimum sentence under s51(2) Criminal Law Amendment Act 105 of 1997 – Substantial and compelling circumstances (proportionality and general circumstances) – Principles: denunciation, deterrence, proportionality, remorse, maturity – Firearms Control Act s103 notices – s299A victim-family notification.
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16 October 2020 |
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Eyewitness ID and written admissions established dolus eventualis; accused convicted of murder, private defence rejected.
Criminal law – Eyewitness identification – Cautionary approach required; credibility assessed against probabilities and corroborative evidence. Criminal law – Admissions – Written admission under section 220 may be dispositive when uncontradicted. Criminal law – Private defence – Burden on accused to produce explanation where evidence calls for one; mere assertion insufficient. Criminal law – Intention – Dolus eventualis established where weapon, target and force make death reasonably foreseeable. Procedure – Consequence of accused's election to remain silent: absence of explanation may permit conviction if State proves guilt beyond reasonable doubt.
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15 October 2020 |
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Applicant failed to show realistic prospects of success; leave to appeal against conviction and sentence refused.
Criminal procedure — leave to appeal — applicant must show a substantial likelihood of success on appeal; misapprehension of evidence must be material; procedural non-compliance may be condoned in appropriate urgent applications; corroborative video/documentary evidence may negate ‘single witness’ concerns; gratification received via third parties does not necessarily defeat corruption charges; chain of custody of drugs not determinative for Corruption Act offences; sentencing must reflect parity, proportionality, denunciation and deterrence.
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5 October 2020 |
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A senior police officer convicted of corruption sentenced to five years imprisonment; denunciation and general deterrence prevail over non‑custodial options.
Corruption by public officers — senior police officer’s misconduct — sentencing principles: denunciation, general deterrence, retribution — mitigation: age, ill-health, assistance to investigations — COVID‑19 as collateral consequence — parity and proportionality in sentencing.
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2 October 2020 |
| September 2020 |
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Court reduced prescribed life sentence to 15 years (5 suspended) due to proportionality and accused's intellectual disability and epilepsy.
Sexual offences against children — inherent wrongfulness and potential/actual harm; sentencing principles — proportionality and parity; section 51(1) minimum life sentence — departure only for substantial and compelling circumstances; intellectual disability and epilepsy as mitigating factors reducing moral blameworthiness; sentence imposed: 15 years, 5 suspended; ancillary orders — register, unsuitability to work with children, victim assessment and publication restriction.
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30 September 2020 |
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Court departed from 15‑year minimum for murder, finding proportionality and time‑served substantial and compelling, sentencing accused to 12 years.
Criminal law – Sentence for murder – mandatory minimum sentence (s51(2) Criminal Law Amendment Act) – substantial and compelling circumstances – proportionality and pre‑sentence custody; COVID‑19 as collateral consequence; sentencing objectives of denunciation, deterrence, retribution and parity; ancillary orders re firearms seizure, parole‑notification rights (s299A) and psychosocial support for victims’ children.
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28 September 2020 |
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A near-adult child convicted of rape and assault received imprisonment where seriousness, prior offences, and victim harm justified custody.
Child Justice Act – sentencing principles (accountability, rehabilitation, reintegration, least restrictive sanction); custodial sentences as last resort. Section 77(3) – custody permissible for offenders 14+ for Schedule 3 offences (including rape). Pre-sentence reports – advisory and non-binding; reasons required if court departs. Sentencing considerations – seriousness, degree of participation, victim harm, prior convictions, proximity to adulthood. Concurrent sentencing under section 280(2) CPA.
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23 September 2020 |
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22 September 2020 |
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Court convicted the accused of murder (dolus eventualis); alibi rejected and identifying witnesses' evidence accepted.
Criminal law – Murder – Identification by witnesses familiar with accused – Reliability and corroboration of near‑range observation; Alibi – late, unparticularised alibi lacking independent verification may be rejected; Intent – dolus eventualis may be inferred from use of a knife, target (chest/neck), force, and nature of wound; Discharge of witness found not to be a perpetrator.
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18 September 2020 |
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3 September 2020 |
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State failed to prove the accused’s identity beyond reasonable doubt; credible alibi resulted in acquittal.
Criminal law – Identification evidence – previous acquaintance; reliability depends on extent of prior familiarity and observational opportunity. Criminal procedure – Section 174 inquiry – whether there is evidence upon which a reasonable court acting carefully may convict. Evidence – discrepancies between prior statements and viva voce testimony: assess materiality, reasons and explanations. Defence – Alibi evidence: weight, early disclosure, and State’s burden to disprove.
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1 September 2020 |
| August 2020 |
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Repeated stock theft with prior convictions warrants substantial imprisonment; COVID‑19 conditions are collateral, not automatic mitigation.
Criminal law – Sentencing – Stock theft – Seriousness and prevalence justify emphasis on general deterrence and custodial sentences. Sentencing – Proportionality – Individualized assessment of offence and offender; previous similar convictions are aggravating. Sentencing – COVID‑19 – Pandemic conditions are relevant collateral factors but do not automatically mitigate sentence. Animal Identification Act – Altering identification mark – attracts custodial sentence in context of serious stock theft.
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25 August 2020 |
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The respondent was discharged where child-witness inconsistencies and unreliable identification left no case to meet.
Criminal law – Sexual offences against a child – Assessment of child-witness evidence: memory, suggestibility, communication and consistency. Criminal procedure – Section 174 CPA – 'no evidence' test; case to meet and presumption of innocence. Evidence – Eye-witness identification reliability where identification depends on young child's testimony.
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5 August 2020 |
| July 2020 |
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Accused discharged on one count; convicted of attempted murder based on identification, corroboration, injuries and his words.
Criminal law – section 174 CPA – discharge where no evidence upon which a reasonable court might convict; Identification – daylight, known persons; Corroboration of complainant by independent bystander; Mens rea for attempted murder – inferred from weapon, injuries, sustained assault and words; Bare denial and late alibi insufficient to raise reasonable doubt.
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31 July 2020 |
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31 July 2020 |
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Prosecution failed to discharge burden beyond reasonable doubt in an oath‑against‑oath rape case; accused acquitted.
* Criminal procedure – section 174 CPA – whether there is evidence upon which a reasonable court acting carefully may convict. Sexual offences – oath-against-oath credibility assessment; delayed complaint and non‑stereotypical reactions not inherently discrediting. Medico-legal evidence – neutral/contradictory reports may be insufficient to break contest of credibility. Burden of proof – prosecution must prove guilt beyond reasonable doubt; questioning that shifts burden to accused is improper. |
31 July 2020 |
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28 July 2020 |
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The respondent was sentenced to five years' imprisonment for culpable homicide despite mitigating factors.
Culpable homicide — sentencing: seriousness of defendant’s conduct; denunciation and deterrence as primary considerations; assessing remorse and mitigating factors (youth, first offender, guilty plea) versus aggravating factors (weapon use, severe head injuries, deliberate attack); sentence of five years’ imprisonment under s276(1)(i); ancillary s103(4) Firearms Control Act search notice.
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28 July 2020 |
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Accused discharged on murder/attempted murder for unreliable identification; first accused acquitted on firearm counts for no chain of custody.
Criminal law – Identification evidence – inherent frailties and need for caution where opportunity for observation was poor; compatibility with forensic/scene evidence. Section 174 CPA – discharge where no evidence upon which a reasonable court might convict; application of presumption of innocence and right to silence. Forensic evidence – post-mortem wound trajectories and scene photos undermining eyewitness identification. Chain of custody – failure to prove delivery/receipt/analysis at laboratory defeats firearm possession case. Section 212 affidavits insufficient to substitute for live chain-of-custody evidence when challenged.
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20 July 2020 |
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Parental chastisement defence unavailable; low-culpability assault on child punished by suspended fine with educational condition.
Criminal law – Assault on a child – Parental chastisement defence precluded by Constitutional Court – Children’s rights and best-interests principle – Sentencing: moral blameworthiness, proportionality, suspended sentence and remedial condition (essay).
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7 July 2020 |
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Whether the State proved beyond reasonable doubt that the accused intended to inflict grievous bodily harm on the child.
Criminal law – Assault v assault with intent to do grievous bodily harm; proof of specific intent; circumstantial evidence and accused's silence; medico-legal evidence of bruises and abrasions; s220 admission.
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6 July 2020 |
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Accused discharged under section 174 after key eyewitness proved suggestible and gave materially inconsistent statements.
Criminal procedure – Section 174 discharge – "no evidence" means no evidence on which a reasonable court might convict – role of credibility at discharge stage. Evidence – Witness suggestibility and materially inconsistent prior statements – impact on identification evidence and reliability. Police conduct – Allegation that police suggested a witness change a statement undermines evidentiary value.
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2 July 2020 |
| June 2020 |
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29 June 2020 |
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Juvenile convicted of culpable homicide sentenced to correctional supervision with suspended imprisonment, prioritising rehabilitation and public protection.
Child Justice; sentencing of juvenile for culpable homicide; diminished moral culpability; rehabilitation and reintegration; correctional supervision with residential detention; suspended imprisonment with conditions; community service; section 103 Firearms Control Act search/seizure; victim‑offender mediation; COVID‑19 enforcement proviso.
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23 June 2020 |
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22 June 2020 |
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15 June 2020 |
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Court convicted the accused of multiple rapes based on credible complainant testimony corroborated by medical and eyewitness evidence.
Criminal law – Sexual offences – Rape – Consent – assessment of credibility, plausibility, internal and external consistency, and corroboration by medical and eyewitness evidence. Criminal law – Rape committed more than once – separate acts of penetration in different places and interrupted acts constitute multiple rapes for s51(1) minimum sentencing. Evidence – Post‑event demeanour and medico‑legal findings can corroborate lack of consent. Procedure – Non‑publication order under s154(2)(a) to protect complainant identity.
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9 June 2020 |
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Suspended two-year sentence imposed for immigration contravention, prioritizing deterrence while accounting for custody time and COVID-19.
Immigration law – sentencing – general deterrence and denunciation primary objectives for illegal immigration offences; prior conviction an aggravating factor – consideration of detention period pre-trial – no fixed formula – COVID-19 as relevant sentencing factor permitting suspended custodial sentence with administrative conditions – sections 32, 34, 43, 49(1) Immigration Act 13 of 2002.
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5 June 2020 |
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The accused was acquitted because eyewitness identification, though honest, was rendered unreliable by inconsistent circumstances.
Criminal law – Robbery with aggravating circumstances – identity as essential element – conviction cannot rest on identification evidence that is unreliable despite witness credibility. Evidence – Eyewitness identification – assessment factors: opportunity, duration, lighting, prior knowledge, description quality, contradictions. Criminal procedure – Proof beyond reasonable doubt – where identification is left in doubt, accused entitled to acquittal.
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3 June 2020 |
| May 2020 |
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Application for leave to appeal refused: appellants failed to show a material misapprehension or realistic prospects of success.
Criminal procedure – leave to appeal under s 309B – higher threshold: substantial likelihood of success; misapprehension of evidence must be material; credibility and contradictions; deference to trial court findings; sentence proportionality.
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26 May 2020 |
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Court departed from mandatory life sentence, finding proportionality, pre-trial custody and COVID-19 substantial and compelling.
Criminal law – Murder (dolus eventualis) – Vigilantism – Sentencing principles: denunciation, deterrence, retribution and rehabilitation. Sentencing – Minimum sentences (s 51 Criminal Law Amendment Act 105 of 1997) – substantial and compelling circumstances required to depart from prescribed life sentence. Sentencing considerations – proportionality, pre-trial custody credit and COVID-19 pandemic as factors affecting fitness of sentence. Ancillary orders – Firearms Control Act search/seizure notices; victim-family psychological assessment and support; witness anonymity (s 153/154 CPA); custodial visitation under COVID-19 directives.
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4 May 2020 |
| March 2020 |
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Accused acquitted where complainant's inconsistent testimony left reasonable doubt about absence of consent.
Sexual offences — Consent subjective to complainant's state of mind; silence/submission not consent; mens rea requires knowledge, recklessness or willful blindness; honest but mistaken belief considered only after absence of consent is proved; credibility and reliability assessment critical; prior consistent statements provide context but not corroboration; non‑publication order under s154(2) CPA.
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26 March 2020 |
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Accused convicted of murder despite late alibi; single witness testimony deemed credible.
Criminal Law - Murder - Alibi defense - Late disclosure and lack of detail as factors in evaluating credibility - Single witness testimony sufficiency for conviction.
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24 March 2020 |
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The court upheld the mandatory 15-year imprisonment for murder, citing deterrence and lack of compelling mitigating factors.
Criminal Law – Sentencing – Murder – Mandatory minimum sentence – Aggravating factors – Non-deviation from prescribed sentence due to lack of substantial and compelling circumstances.
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24 March 2020 |
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The court acquitted the accused due to unreliable evidence and failure to prove guilt beyond reasonable doubt.
Criminal Law – Sexual Assault – Assessment of Child Testimony – Evidentiary Standards in Sexual Assault Cases – Burden of Proof Beyond Reasonable Doubt.
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23 March 2020 |
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Sentencing assesses sexual assault against a child, emphasizing community protection and restorative justice principles.
Criminal law - Sentencing - Sexual assault against child - Application of restorative justice principles - Community service and restitution in lieu of incarceration. |
16 March 2020 |