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Regional Court of South Africa, KwaZulu Natal Regional Division - 2021 February

7 judgments
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7 judgments
Citation
Judgment date
February 2021
S v Ntombela and Another (P165/2015) [2021] ZAKZNRD 49 (24 February 2021)
Police officers found guilty of assault for using excessive force during arrest, with intent to do grievous bodily harm.
Criminal law – assault with intent to do grievous bodily harm – police powers of arrest – reasonable and necessary force – sufficiency of single witness evidence – credibility assessment.
 24 February 2021
S v N E N (SH 105/2020) [2021] ZAKZNRD 45 (23 February 2021)
Accused convicted of culpable homicide for exceeding the limits of private defence during an altercation involving sexual assault.
Criminal law – private defence – self-defence – proportionality and necessity of force – accused exceeding boundaries of private defence – intent and intoxication – culpable homicide versus murder.
 23 February 2021
S v N E N (SH 105/2020) [2021] ZAKZNRD 46 (23 February 2021) (Sentence)
Accused who killed his rapist convicted of culpable homicide; seven-year term suspended with community service, supervision and restorative measures.
Criminal law – Culpable homicide committed after rape – private defence exceeded – sentencing; Suspended sentence with community service and supervision; Firearms fitness under s103(1) Firearms Control Act; restorative measures – psychological assessment and therapy for victim’s family; publication ban under s154(3) Criminal Procedure Act.
 23 February 2021
Makhathini v S (174/2018) [2021] ZAKZNRD 47 (17 February 2021) (Leave to Appeal)
Application for leave to appeal dismissed for lack of reasonable prospects regarding identification evidence and trial court findings.
Criminal procedure – Application for leave to appeal – Test for reasonable prospects of success – Single witness identification evidence – Impact of emotional state and observational conditions – Weighing evidence holistically.
 17 February 2021
S v Chonco (SH 112/2020) [2021] ZAKZNRD 3 (17 February 2021)
17 February 2021
S v Jali (SH 130/2020) [2021] ZAKZNRD 48 (17 February 2021) (Sentence)
No substantial and compelling circumstances justified avoiding the prescribed life sentence for a rape-related murder; rape sentence concurrent.
Criminal law – Murder and rape – application of minimum sentencing (s51(1) and s51(2)) – substantial and compelling circumstances – aggravating factors: premeditation, extreme violence, prior conviction, lack of genuine remorse – collateral consequences (pre-trial detention, COVID-19) not sufficient to avoid prescribed life sentence – concurrent sentencing and ancillary Firearms Act and victim-family support orders.
 17 February 2021
S v Niemand (SH 153/2019) [2021] ZAKZNRD 44 (17 February 2021) (Ruling)
Admissions made during plea proceedings may be withdrawn if the accused did not understand the language and the implications.
Criminal procedure – right to fair trial – language of proceedings – plea withdrawal – accused's lack of understanding – Section 35(3) Constitution – interests of justice.
 17 February 2021