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Citation
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Judgment date
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| 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 |