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

8 judgments
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8 judgments
Citation
Judgment date
May 2021
S v Niemand (SH 153/2019) [2021] ZAKZNRD 20 (27 May 2021) (Sentence)
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).
 27 May 2021
S v Khumalo (SH 61/2021) [2021] ZAKZNRD 26 (24 May 2021)
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.
 24 May 2021
S v Ntusi (SH 120/2019) [2021] ZAKZNRD 28 (24 May 2021)
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.
 24 May 2021
Miya v S (SH 146/2019) [2021] ZAKZNRD 27 (18 May 2021) (Leave to Appeal)
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.
 18 May 2021
S v Mofokeng (SH 09/2021) [2021] ZAKZNRD 29 (13 May 2021) (Sentence)
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.
 13 May 2021
S v Khumalo (SH 60/2021) [2021] ZAKZNRD 30 (6 May 2021)
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).
 6 May 2021
Ndaba v S (SH 97/2019) [2021] ZAKZNRD 32 (5 May 2021) (Ruling)
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.
 5 May 2021
S v Meyiwa (SH148/2020) [2021] ZAKZNRD 31 (3 May 2021) (Sentence)
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.
 3 May 2021