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Citation
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Judgment date
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| December 2021 |
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Court found proportionality, remorse and limited role to be substantial and compelling, and imposed eight years’ imprisonment.
* Criminal law – Essential infrastructure-related offences – Purpose of Criminal Matters Amendment Act 2015 – protection of public safety and services.
* Sentencing – Prescribed minimum sentences (s 51(3) Criminal Law Amendment Act 105 of 1997) – departure only for substantial and compelling circumstances.
* Sentencing principles – proportionality and parity; remorse and the accused’s role as relevant mitigating factors.
* Sentence imposed – custodial sentence of eight years; no alternative under s 103(1) of Act 60/2000.
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14 December 2021 |
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Recent-possession supported conviction of the driver; co-accused acquitted for lack of proven knowledge or possession.
* Stock theft – Stock Theft Act 57 of 1959 – Doctrine of recent possession – recent discovery of stolen goats in vehicle supports conviction where accused cannot satisfactorily explain possession.
* Criminal law – Circumstantial evidence – conspectus of evidence must exclude reasonable hypotheses of innocence.
* Evidence – Possession elements (control and knowledge/animus possidendi) – distinction between physical presence and legal possession.
* Procedure – Browne v Dunn principle – duty to put accused’s version to state witnesses; failure noted but assessed in context.
* Court procedure – Obiter on delays and counsel’s conduct affecting fair, speedy trial.
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9 December 2021 |
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A suspended custodial sentence with restorative financial and community‑service conditions was imposed for stock theft, balancing proportionality and COVID‑19 considerations.
Criminal law — Sentencing for stock theft — Proportionality, parity, deterrence, denunciation, rehabilitation and restorative justice — Suspended sentence with onerous community conditions — COVID‑19 as relevant to conditions of imprisonment — Restitution/contribution as punitive element of sentence — Ancillary firearms search and seizure under s103(4) Firearms Control Act.
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9 December 2021 |
| November 2021 |
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Court balances proportionality and prior convictions when sentencing a repeat offender for theft-related crimes.
Criminal law - Sentencing - Proportionality - Repeat offenders - Previous convictions influencing sentencing
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15 November 2021 |
| September 2021 |
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The accused's defence of abandonment failed and they were convicted of theft after the court found the State proved guilt beyond reasonable doubt.
Criminal law – theft – defence of abandonment – res derelicta; standard of proof beyond reasonable doubt; right to silence and adverse inference; sufficiency of evidence for conviction; circumstantial evidence and credibility in theft cases.
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29 September 2021 |
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The court imposed suspended sentences with reparative payments, balancing denunciation and rehabilitation for young offenders convicted of theft.
Sentencing – restorative justice – suspended sentences – denunciation and deterrence balanced with rehabilitation – proportionality of sentence – monetary reparations to benefit community victims.
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29 September 2021 |
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Where the prosecution's case is riddled with fundamental inconsistencies and lacks corroboration, a discharge under section 174 is justified.
Criminal law – Application for discharge – Section 174 of Criminal Procedure Act 51 of 1977 – Sexual assault – Evaluation of inconsistent and contradictory evidence – Insufficiency and lack of corroboration – Right to presumption of innocence – Discharge granted where no reasonable court could convict.
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29 September 2021 |
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Court imposes correctional supervision and restorative measures on 17-year-old for attempted murder, prioritizing rehabilitation over custody.
Child justice – Sentencing of child offenders – Child Justice Act 75 of 2008 – Attempted murder – Diminished moral culpability – Emphasis on rehabilitation, reintegration, accountability, and proportionality – Correctional supervision with suspended custodial sentence – Restorative measures and supervision imposed.
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29 September 2021 |
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Court departs from mandatory life sentence for child rape, imposing 18 years’ imprisonment due to substantial and compelling circumstances.
Criminal law – Sentencing – Rape of a minor – Minimum sentence – Substantial and compelling circumstances – Proportionality principle – Guilty plea – Victim protection and offender registration.
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28 September 2021 |
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A custodial six‑year sentence imposed for theft of an employer’s motor vehicle, prioritizing denunciation and deterrence over suspension.
Motor vehicle theft; theft from employer; sentencing principles — denunciation and deterrence; suspended sentence vs custodial sentence; first offender mitigation weighed against seriousness and commercial dealing in stolen property.
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27 September 2021 |
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The court acquitted the accused of attempted murder, finding the stabbing was an act of private defence rather than unlawful aggression.
Criminal law – attempted murder – private defence – evidential burden on the state – assessment of witness credibility – acquittal where reasonable doubt exists as to self-defence.
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27 September 2021 |
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The court acquitted the accused of sexual assault charges, finding insufficient evidence to establish guilt beyond reasonable doubt.
Criminal law – sexual offences – historic sexual assault – standard of proof – credibility of single-witness testimony – delay in reporting – reasonable doubt – acquittal for lack of corroborative evidence and inconsistencies.
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20 September 2021 |
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The court imposed life imprisonment for child rape, finding no substantial and compelling circumstances to depart from the statutory minimum sentence.
Criminal law – Sentencing – Rape of a child under 16 – Minimum sentence of life imprisonment – Substantial and compelling circumstances – Protection of child victim’s identity – Registration of offender – Suitability for working with children – Ancillary remedial orders.
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17 September 2021 |
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A third-time rape offender was sentenced to twenty years’ imprisonment with a two-thirds non-parole period, and victim support ordered.
Criminal law – Sentencing – Rape – Minimum sentences – Third conviction – Whether substantial and compelling circumstances exist to deviate from prescribed minimum – Parole eligibility – Non-parole period – Rights of victims to participate in parole – Welfare of complainant and accused’s dependents – Publication of identity of complainant.
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16 September 2021 |
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Delay and non‑stereotypical victim conduct do not negate credibility; accused convicted of rape based on accepted complainant evidence.
* Criminal law – Sexual offences – Rape under s 3 of the Sexual Offences Act – Evaluation of single complainant’s evidence; delay and non‑stereotypical victim behaviour not fatal. * Evidence – Credibility assessment; avoidance of rape myths; significance of inconsistencies and late alterations in accused’s testimony. * Criminal procedure – Presumption of innocence and cautionary approach in single‑witness sexual offence cases.
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14 September 2021 |
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Unreasonable delay in securing a key witness violated the accused’s right to a fair trial, resulting in a section 174 discharge.
Criminal procedure – right to a fair trial – delay – section 35(3)(d) of the Constitution – unreasonable prosecutorial delay – discharge in terms of section 174 of the Criminal Procedure Act – absence of evidence due to unavailability of key witness – state’s duty to secure witness attendance.
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8 September 2021 |
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A repeat offender convicted of housebreaking was sentenced to six years’ imprisonment, with prior convictions as aggravating factors.
Criminal law – Sentencing – Previous convictions – Weight to be attached in terms of s 271(4) of the CPA – Repeat offender – Proportionality and public interest – Housebreaking – Aggravating factors.
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6 September 2021 |
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Accused convicted of kidnapping but acquitted of murder for lack of proof of participation in the fatal assault.
* Criminal law – Identification evidence – Caution required with direct visual identification; examine opportunities to observe, recall and recount.
* Criminal procedure – s 174 CPA – no-evidence/discharge test: whether there is evidence on which a reasonable court may convict.
* Common purpose – liability for murder requires presence, active association, significant proximity to fatal act and requisite mens rea.
* Corroboration – only supports otherwise credible evidence, cannot cure fundamentally unreliable testimony.
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3 September 2021 |
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Application for leave to appeal refused; failure to demonstrate reasonable prospects of success or judicial error at trial.
Criminal procedure – Leave to appeal – Reasonable prospect of success – Assessment of bias, witness credibility, and alibi evidence – Application refused for failure to satisfy the required threshold.
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1 September 2021 |
| August 2021 |
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The court considers health deterioration and COVID-19 risk in granting bail pending trial.
Criminal law – bail – application on basis of health and COVID-19 risk – material change in circumstances due to health deterioration and pandemic. |
20 August 2021 |
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Whether substantial and compelling circumstances justified departing from the s51(2) fifteen-year minimum sentence for murder.
* Criminal law – Murder – Minimum sentencing – section 51(2) Criminal Law Amendment Act 105 of 1997 – whether substantial and compelling circumstances justify departure from prescribed minimum.
* Sentencing principles – Proportionality, moral culpability, youth/maturity, intoxication, and pre-sentence detention as mitigating considerations.
* Ancillary orders – Firearms Control Act s103 notices and seizure; victim participation under s299A Criminal Procedure Act; psychosocial assessment and support for victim’s family.
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19 August 2021 |
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Court evaluates credibility of testimony in a rape case; accused acquitted due to inconsistent evidence.
Criminal Law – Rape – Credibility of the complainant's testimony – Delay in reporting – Admission of hearsay evidence.
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17 August 2021 |
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Court acquits the accused of murder due to insufficient evidence and lack of proof beyond reasonable doubt.
Criminal Law - Murder charge - standard of proof beyond reasonable doubt - Role of circumstantial evidence and witness credibility.
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17 August 2021 |
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Court emphasizes rehabilitation over incarceration for a first-offender driver in culpable homicide due to negligence.
Culpable homicide - sentencing principles - remorse and rehabilitation considerations - proportionality and parity in similar offenses.
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11 August 2021 |
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Court convicted the accused of murder on direct-intent evidence; common purpose not established as to others.
Criminal law – Murder – direct intention (dolus directus) established by hammer blows and kicking causing fatal blunt-force trauma; Doctrine of common purpose – requirements not met; Evidence – eyewitness identification, corroboration and cellphone records; Alibi – late disclosure and credibility issues; Assessment of inconsistencies between prior statements and viva voce evidence.
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6 August 2021 |
| July 2021 |
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Accused acquitted due to reasonable doubt despite credible single eyewitness; joint-enterprise not proven beyond reasonable doubt.
* Criminal law – standard of proof – presumption of innocence – burden remains on the State to prove guilt beyond reasonable doubt. * Evidence – witness credibility – factors for assessing truthfulness, objectivity and accuracy; cautionary approach to single-witness testimony. * Criminal liability – common purpose/joint enterprise in group attacks. * Criminal procedure – trial management – control of repetitious or irrelevant cross-examination balanced against accused’s right to make full answer and defence.
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28 July 2021 |
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Motor vehicle theft offender receives suspended sentence with community service and restitution conditions, encouraging societal deterrence.
Criminal law - sentencing - theft and possession of stolen vehicle - suspended sentence with community service and restitution.
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23 July 2021 |
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The applicant failed to prove the respondent’s guilt where eyewitness identification was unreliable.
Criminal law — murder; identification evidence — single eyewitness with prior acquaintance; ADVOKATE factors — duration, distance, visibility, opportunity, knowledge, special features, time lapse, errors; reliability vs credibility; investigative shortcomings (no forensic testing); accused’s silence and burden of proof.
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22 July 2021 |
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Accused found guilty of receiving stolen property; State failed to establish direct theft beyond reasonable doubt.
Criminal Law – Doctrine of recent possession – Knowledge and intent in receiving stolen property – Willful blindness as culpability – Insufficient circumstantial evidence for theft conviction – Burden on accused.
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20 July 2021 |
| June 2021 |
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Court imposed prescribed minimum ten-year sentence for rape of a pregnant complainant, finding no substantial and compelling circumstances to reduce it.
Criminal law – Sexual offences – Rape of pregnant complainant – Mandatory minimum sentence under s51(2) Criminal Law Amendment Act 105/1997 – Substantial and compelling circumstances – Pre-trial custody and COVID-19 as collateral consequences – Victim impact statements in sentencing – Previous conviction relevance.
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24 June 2021 |
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Court refused section 174 discharge, finding reasonable prospect co-accused might give incriminating evidence and plea explanations are probative.
Criminal procedure – section 174 CPA – meaning of 'no evidence' and discretionary test for discharge; Right to silence and protection against self-incrimination vis-à-vis co-accused evidence; Plea explanations as probative material in section 174 applications; Fair trial assessment when refusing discharge in multi-accused trials.
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22 June 2021 |
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Accused convicted of housebreaking and rape after court found complainant credible and consent absent.
* Criminal law – Sexual offences – Rape – Consent: absence of stereotypical resistance does not negate credibility; unpredictable human reactions and imperfect memory considered.
* Criminal law – Housebreaking: pushing a partially open door constitutes "breaking".
* Evidence – Credibility: assessment based on internal consistency, corroboration, demeanour, and inconsistencies; a single inconsistency does not necessarily destroy credibility.
* Evidence – Cross-examination: Browne v Dunn duty to confront witnesses with adverse inferences; failure to do so is material.
* Burden of proof: prosecution must prove all elements beyond reasonable doubt; court may prefer one witness over another after full evaluation.
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21 June 2021 |
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9 June 2021 |
| May 2021 |
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Youth, proportionality and time in custody found substantial and compelling to depart from prescribed life sentence; effective term 30 years.
Criminal law — Sentencing — Minimum sentences (Criminal Law Amendment Act 105/1997) — Whether substantial and compelling circumstances justify departure from life sentence — Proportionality, youth and pre-trial custody as substantial and compelling factors; Concurrent versus consecutive sentencing and totality principle; Firearms Control Act ancillary orders (search/seizure and family support).
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27 May 2021 |
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The court put the accused’s suspended sentence into operation after a theft conviction, ordering concurrent service.
Criminal law – Suspended sentence – Breach by subsequent theft conviction – Onus on State to prove breach on balance of probabilities – Accused’s onus to show circumstances beyond control or sufficient reasons to postpone – Factors for putting suspended sentence into operation: rehabilitation, proportionality, deterrence, community expectations – s 297(9)(a)(ii) Criminal Procedure Act – Order of concurrent sentences.
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24 May 2021 |
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Accused's private-defence plea accepted; late prosecution reopening refused; accused acquitted and discharged.
Criminal law – Private defence – Imminence and proportionality of defensive force; Criminal procedure – Re-opening prosecution case after defence closed – prejudice to accused; Credibility assessment of accused; Court rebuke of counsel misconduct and protection of interpreter role.
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24 May 2021 |
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Applicant failed to show reasonable prospects of success on appeal; leave to appeal refused due to credibility findings and minor contradictions.
Criminal law – Leave to appeal – Test for reasonable prospects of success – Not frivolous or baseless; realistic, substantial likelihood on a balance of probabilities – Credibility assessments and minor contradictions in complainant’s affidavit – Absence of DNA evidence not determinative.
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18 May 2021 |
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Life imprisonment imposed for violent rape of a child under sixteen; no substantial and compelling circumstances found to deviate.
Criminal law — Sexual offences against children — Rape of person under sixteen — Minimum sentence (life imprisonment) under section 51(1) and Schedule 1 Part 1 — Substantial and compelling circumstances — Weight of remorse and prior convictions — Ancillary orders: publication ban, sex offenders register, unsuitability to work with children.
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13 May 2021 |
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Accused committed for sentence due to prior convictions and sentenced to four months' imprisonment concurrent with existing sentence.
Criminal Procedure Act s114 — referral for sentence because of previous convictions; Sentencing — weight of prior convictions; proportionality; mercy; rehabilitation; concurrent sentence under s280(2).
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6 May 2021 |
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Convicted applicant granted bail pending appeal after court found low abscondment risk and sufficient prospects of review.
Criminal procedure – Bail pending appeal after conviction – Presumption of innocence displaced on conviction – Applicant bears evidential burden under s60(4)–(9) to show interests of justice – Assessment of flight risk, prospects of success and public interest – Conditional release granted where ties to community and conduct allay abscondment risk.
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5 May 2021 |
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Accused's deception, violent rape and robbery warranted statutory minimum sentence; no substantial and compelling circumstances found.
Criminal law – Rape and robbery – Minimum sentences under s51(2) Criminal Law Amendment Act – Substantial and compelling circumstances – Application of S v Malgas and S v Vilakazi; Sentencing considerations – moral blameworthiness, victim impact, pre‑sentence detention and COVID‑19; Firearms Control Act s103 notices; Protection of victim identity s154(3) Criminal Procedure Act; Victim assessment and therapy orders.
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3 May 2021 |
| April 2021 |
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A suspended custodial sentence with strict restorative and supervisory conditions can be appropriate for culpable homicide where remorse and low re-offence risk are shown.
Culpable homicide — sentencing principles; remorse as mitigating factor; suspended sentence with restorative conditions; community service and reparations; State-directed psychosocial assessment for victim's family.
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28 April 2021 |
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Accused committed the act but lacked capacity to appreciate wrongfulness; detained under s77(6)(ii)(aa) and treated under s37 of the MHCA.
Criminal capacity — voluntariness and mens rea — psychiatric observation — rebutting presumption of capacity — section 77(6)(ii)(aa) disposition — interaction with Mental Health Care Act s37 (vs s33) — delay in proceedings and liberty interests.
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28 April 2021 |
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Section 174 discharge refused: State evidence, including s115 admissions, sufficed to place accused on their defence.
Criminal procedure – section 174 discharge – test is whether there is evidence upon which a reasonable court might convict; limited role of credibility attacks at discharge stage; s115 admissions relevant; formal ownership need not be proven for competent theft/receiving verdicts.
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21 April 2021 |
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Accused with intellectual disability found unfit to stand trial and released into supervised community care, not psychiatric detention.
Criminal procedure — fitness to stand trial — intellectual disability (IQ below 70) — IQ not dispositive — distinction between mental illness and intellectual disability — appropriateness of psychiatric detention — section 77(6)(dd) supervised community care order under Criminal Procedure Act — interaction with Mental Health Care Act and constitutional values (equality, dignity).
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19 April 2021 |
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State failed to prove identity beyond reasonable doubt in child sexual-assault case; accused acquitted.
Criminal law — Sexual offences against a child — Identification evidence — Application of ADVOKATE factors in assessing visual identification; section 174 CPA discharge test ('no evidence' threshold); burden of proof on State; limited consequences of accused's silence when State's case requires explanation.
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16 April 2021 |
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The accused sentenced to 16 years' imprisonment for multiple rapes, with court finding substantial and compelling circumstances.
Criminal law – Rape (multiple) – minimum sentence (s51(1) Criminal Law Amendment Act) – substantial and compelling circumstances – sentencing principles: deterrence, denunciation, proportionality and parity – collateral consequences of COVID-19 – Firearms Control Act s103 seizure – victim identity protection (s154(3) CPA) – victim support and social welfare referrals.
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16 April 2021 |
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The accuseds' lengthy prior convictions reduce entitlement to leniency, but any sentence must remain proportionate to the offence.
* Criminal procedure – s114 referral for sentence where previous convictions exceed magistrate’s jurisdiction * Sentencing – relevance and weight of previous convictions; proportionality principle * Sentencing objectives – denunciation, general and specific deterrence, rehabilitation * Property crimes – housebreaking as serious invasion of privacy, dignity and property rights
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15 April 2021 |
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Court convicted the accused of rape on credible, corroborated non‑consensual sexual acts; acquitted on the firearm count.
Criminal law – Sexual offences – Rape – Consent requires voluntary, ongoing agreement; use of threat/weapon negates consent; corroboration and consistency of complainant’s post‑event demeanour can support conviction. Evidence – Credibility assessment – Plausibility, internal and external consistency, and independent corroboration determine whether the State proved elements beyond reasonable doubt. Firearms – Pointing of firearm – State must prove the object was a firearm and the requisite unlawful conduct; acquittal where proof deficient.
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15 April 2021 |
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Court found substantial and compelling circumstances and imposed an effective 18-year sentence for rape and robbery.
Criminal law – Sentencing – Sexual offences and robbery – application of s51(2) and s51(3) Criminal Law Amendment Act 105 of 1997 – substantial and compelling circumstances (proportionality, totality, pre‑sentence custody) – intoxication and COVID‑19 collateral consequences not sufficient mitigation – concurrent sentencing for related offences.
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13 April 2021 |