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Citation
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Judgment date
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| October 2022 |
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Child Justice Act sentencing: rehabilitation and supervision prioritized with suspended imprisonment and victim‑centred orders for a child convicted of a sexual offence.
Child Justice Act – sentencing objectives (section 69) – balancing rehabilitation, accountability and proportionality; use of custody as last resort – correctional supervision and suspended imprisonment with conditions for a child convicted of a sexual offence against a minor; victim assessment and therapeutic measures; publication restrictions under section 154 Criminal Procedure Act.
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6 October 2022 |
| September 2022 |
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Condonation granted but leave to appeal refused for lack of reasonable prospects of success on convictions and sentence.
Condonation – application for leave to appeal – multi-factor test for condonation and exercise of judicial discretion. Appeal – leave to appeal – reasonable prospects of success standard and assessment of grounds. Evidence – witness omissions v inconsistencies; credibility assessed holistically; corroboration by cellphone evidence. Search and seizure – Criminal Procedure Act ss 20, 22, 23; warrantless searches permissible where delay would defeat the object; exclusion not necessary where evidence would have been lawfully discovered. Criminal law – doctrine of common purpose – application upheld on the evidence. Sentence – principles of deterrence and denunciation; sentence not unduly harsh.
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30 September 2022 |
| August 2022 |
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A consent settlement order made by mistake (justus error) can be set aside to restore appeal rights.
Civil procedure – consent judgments and Rule 27(6) settlement agreements – rescission/variation limited to fraud or exceptional justus error; effect of consent order on right of appeal (Magistrates’ Court Act s.83); when court may set aside consent order and restore status quo ante.
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31 August 2022 |
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Court found substantial and compelling circumstances justified reducing prescribed life sentence for child rape to fifteen years.
Criminal law – Sentencing – Rape of a child under 16 – proportionality and individualization – substantial and compelling circumstances permitting deviation from prescribed life sentence – ancillary orders: publication ban, sex offenders’ register, unsuitability to work with children, firearms directions.
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4 August 2022 |
| July 2022 |
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No substantial and compelling circumstances found; mandatory 15-year minimum imposed for armed robbery with aggravating circumstances.
Criminal law – Robbery with aggravating circumstances – Use of loaded firearm and premeditation – Mandatory minimum sentence under s51(2) Criminal Law Amendment Act 105/1997 – Substantial and compelling circumstances test under s51(3). Sentencing – Objectives: deterrence and denunciation prioritized where offence is planned and violent; prior convictions and planning are aggravating factors. Procedure – Rights of complainant/family to make representations at parole in terms of s299A Criminal Procedure Act.
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27 July 2022 |
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The court emphasized deterrence in sentencing for home invasion robbery with aggravating factors, including firearm use.
Criminal Law - Sentencing - Home Invasion Robbery - Aggravating circumstances - Proportionality - Use of firearms
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26 July 2022 |
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Second and third accused discharged under s174; first accused convicted of robbery but acquitted on ammunition charge for lack of forensic proof.
Criminal procedure – discharge at close of State case (s174) – no evidence implicating accused; Identification – previous-knowledge identification and photographic stills; Search and seizure – reasonable suspicion/grounds and constitutionality; Possession of recently stolen goods – inference of theft; Firearms Control Act – requirement of evidential proof that seized items constitute ‘ammunition’.
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26 July 2022 |
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Court convicts accused of robbery with aggravating circumstances, applying the doctrine of recent possession, acquits on some firearm charges.
Criminal law – Robbery with aggravating circumstances – Identification – Doctrine of recent possession – Firearm possession under Firearms Control Act.
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18 July 2022 |
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Cell‑site, vehicle and circumstantial evidence found searches lawful and proved common purpose, supporting convictions for robbery and firearm offences.
Criminal law – Search and seizure – Reasonable suspicion under sections 20 and 22 CPA; admissibility and probative value of cell‑site/tower call‑data; circumstantial evidence and common purpose in aggravated robbery; firearm possession (Firearms Control Act).
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18 July 2022 |
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Child complainant's evidence, corroborated by timely medical findings, sufficed for rape conviction despite no DNA and a bare denial.
Criminal law – Sexual offences against a child – Cautionary rule for sexual/child complainants disapproved; evidence assessed case-by-case. Child-witness evidence – issues of memory, suggestibility, demeanor and peripheral inconsistencies. Corroboration – medico-legal evidence of fresh genital injuries can materially corroborate a child complainant. DNA – absence of DNA may be neutral where timely clinical findings support assault. Bare denial – an untested or late alternative-suspect allegation and a bare denial do not necessarily raise reasonable doubt.
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4 July 2022 |
| June 2022 |
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Whether consent induced by false pretences vitiates consent and whether the State proved rape beyond reasonable doubt.
Criminal law – Sexual offences – Consent – Whether consent vitiated by false pretences/fraudulent representations under s1(3)(c) of CL(SO)A 32/2007 – fraud limited to nature/quality of act or identity of offender. Evidence – Single witness cautionary approach; assessment of credibility and inconsistencies. Evidence – Corroboration: toy firearm and defence witness. Procedure – Browne v Dunn obligation to confront witnesses with matter intended to be contradicted. Burden – State must prove guilt beyond reasonable doubt; benefit of doubt to accused.
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13 June 2022 |
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Insufficient evidence of possession and unlawful, unproven warrantless searches led to discharge under section 174.
Criminal law – possession (corpus and animus) – requirement of control and intention to possess; Criminal procedure – search and seizure without warrant (s 20, s 22 CPA) – consent and reasonable suspicion; Section 174 CPA – discharge where State fails to adduce minimum evidence; Constitutional rights – presumption of innocence and protection against self‑incrimination.
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7 June 2022 |
| May 2022 |
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The court refused to strike the matter under s342A, holding pre‑arraignment delay outside s342A's scope.
Criminal Procedure Act s342A – unreasonable delay enquiry; intra‑curial v extra‑curial delay; s342A remedies limited to post‑commencement delay; permanent stay (extraordinary High Court remedy) for pre‑arraignment prejudice; systemic forensic delays may justify pre‑indictment lapse but do not alone invoke s342A relief.
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22 May 2022 |
| April 2022 |
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Leave to appeal refused where alleged inconsistencies and conduct-based myths did not render the sexual-offence conviction unsafe.
Criminal procedure – Leave to appeal – condonation for non-compliance with Rule 67 where oral application made immediately after sentence; low ‘not frivolous’ threshold for leave-to-appeal applications. Evidence – Sexual offences – credibility of complainant – delay in disclosure and failure to scream are not conclusive indicators of fabrication; myths and stereotypes rejected. Pre-sentence and ancillary material – limits on use of social worker reports and pre-sentence reports in determining guilt.
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26 April 2022 |
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Court imposed a restorative, conditional suspended sentence for involvement in stolen motor-vehicle activities, with restitution and community service.
Criminal law – Sentencing – Receiving/possession of stolen motor vehicles – Restorative justice and proportionality – Suspended sentence with conditions including symbolic restitution and community service – Ancillary firearm fitness order.
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21 April 2022 |
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The State failed to prove rape beyond reasonable doubt due to unreliable identification and inconsistencies in the evidence.
Criminal law — Sexual offences — Alleged rape of possibly mentally disabled person — Single-witness caution — Dock identification unreliable — Alibi and medical evidence assessed together — Acquittal for lack of proof beyond reasonable doubt.
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21 April 2022 |
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Accused convicted for stealing school laptops sentenced to seven years for lack of remorse and a recent similar conviction.
Criminal law — Sentencing — Housebreaking and theft of donated school laptops — Lack of genuine remorse — Previous similar conviction as aggravating factor — Proportionality, general and individual deterrence — Custodial sentence of seven years — Ancillary orders under Firearms Control Act and Social Assistance Act.
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21 April 2022 |
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The accused convicted of stealing school laptops sentenced to seven years due to lack of remorse and prior conviction.
Criminal law – Sentencing – Burglary and theft of donated school laptops – Lack of genuine remorse – Previous similar conviction aggravates – Proportionality and deterrence justify custodial sentence – Ancillary orders under Firearms Control Act and social welfare inquiry.
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21 April 2022 |
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Accused acquitted of theft but convicted for receiving a stolen vehicle due to willful blindness under section 37.
Criminal law – theft v. receiving stolen property – doctrine of recent possession – willful blindness and knowledge – section 37 General Law Amendment Act 62 of 1955 – discharge under section 174 Criminal Procedure Act 51 of 1977 – burden of proof beyond reasonable doubt.
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20 April 2022 |
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Mandatory minimum sentence of 15 years imposed for planned armed robbery; no substantial and compelling circumstances found.
Criminal law – Robbery with aggravating circumstances – Mandatory minimum sentence (s51(2) Criminal Law Amendment Act 105/1997) – Substantial and compelling circumstances test – First offender, time in custody and socio‑economic status not automatically substantial and compelling – Proportionality, denunciation and deterrence in sentencing.
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8 April 2022 |
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The court imposed the statutory minimum sentence for rape, finding no substantial reasons to depart, and ordered victim support measures.
Criminal law – Rape – Minimum sentencing – Section 51(2)(b)(iii) of Criminal Law Amendment Act – Domestic violence – Gender-based violence – Aggravating factors – Departure from minimum sentence – Substantial and compelling circumstances – Victim protection – Ancillary orders – Firearm prohibition.
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8 April 2022 |
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Prior acquaintance identification, corroborated accomplice evidence and an inadequate alibi supported conviction for aggravated robbery.
Criminal law – Robbery with aggravating circumstances – eyewitness identification based on prior acquaintance – reliability factors – accomplice evidence and cautionary approach – assessment of late and vague alibi – contradictions in recovered exhibits not necessarily fatal.
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7 April 2022 |
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Court convicted accused of rape, finding complainant credible and context evidence admissible only where probative value outweighs prejudice.
Criminal law – sexual offences – consent – contemporaneous, affirmative consent required; prior sexual history generally inadmissible (s227 CPA) but context evidence of prior violence may be admissible if probative value exceeds prejudice. Evidence – credibility assessment; Browne v Dunn obligation to put material contradictions to a witness. Burden – State must prove guilt beyond reasonable doubt.
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7 April 2022 |
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Court convicted the child in conflict with the law for a sexual offence after finding the complainant's child testimony reliable.
Criminal law – Sexual offences – Assessment of child witness evidence – apply common‑sense approach appropriate to child's age while maintaining proof beyond reasonable doubt. Child witness testimony – inconsistencies not necessarily fatal to reliability; assess in context. Corroboration – no longer required but caution may be applied where circumstances warrant. Post‑offence conduct and third‑party observations may substantiate complainant's account. Absence of medical examination is neutral where testimonial evidence displaces reasonable doubt.
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4 April 2022 |
| March 2022 |
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Body corporate liable for hazardous base plate; plaintiff also contributorily negligent; defendant ordered to pay 40% of proven damages.
Delict — occupier/body corporate liability for dangerous condition in communal area; duty of care and foreseeability; contributory negligence and apportionment under Apportionment of Damages Act.
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31 March 2022 |
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Repeated stab wounds to a vulnerable victim established dolus eventualis; accused convicted of murder under section 51(2).
Criminal law – Murder – dolus eventualis – multiple stab wounds to vital areas and sustained assault on a defenseless victim; single eyewitness corroborated by post‑mortem report; accused convicted of murder read with s.51(2) CLAA.
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31 March 2022 |
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Whether substantial and compelling circumstances justified departing from the prescribed minimum sentence for murder under section 51(3).
Sentencing — Murder — Section 51(3) Criminal Law Amendment Act — Substantial and compelling circumstances — Malgas factors — Proportionality and parity — Youth and pre‑sentence detention as mitigating considerations — Ancillary victim‑support and seizure orders.
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31 March 2022 |
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Accused discharged under section 174 where witness inconsistencies and post-mortem trajectory created reasonable doubt.
Criminal law – discharge at close of State’s case – s 174 Criminal Procedure Act – role of witness credibility and inconsistencies – reliance on post-mortem bullet trajectory to draw inferences – principle of 'case to meet' and non-compellability against self-incrimination.
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30 March 2022 |
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An acquittal was ordered after the court found the complainant's evidence in a child sexual assault case too inconsistent to justify conviction.
Criminal law – Rape – Child accused – Single child witness – Standard of proof – Delayed disclosure – Credibility assessment – Corroboration in historical sexual assault cases – Acquittal where reasonable doubt exists.
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28 March 2022 |
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Accused sentenced to six‑year term suspended, with restitution and community service, for possession of a stolen motor vehicle.
Criminal law – possession/receiving of stolen motor vehicle – sentencing principles: proportionality, deterrence and parity – statutory evidential onus under s36/37 General Law Amendment Act 62 of 1955 – suspended imprisonment, restitution and community service as sentencing components.
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22 March 2022 |
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Accused acquitted where identification was unreliable and recent-possession evidence insufficient to prove guilt beyond reasonable doubt.
Criminal law – identification evidence – reliability and observational conditions – adequacy of witness descriptions and inconsistencies. Criminal procedure – section 174 Criminal Procedure Act – test for acquittal at close of State case. Evidence – direct vs circumstantial evidence – cumulative assessment to meet beyond reasonable doubt. Doctrine of recent possession – requirements and limits where no one observed accused with stolen property. Defence – alibi/denial – no legal burden on accused to prove, prosecution must disprove beyond reasonable doubt.
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9 March 2022 |
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Appropriateness of custodial sentence for a child convicted of serious sexual assault against a minor.
Child Justice Act — Sentencing of young persons; accountability, rehabilitation and reintegration under section 69; custodial sentences as last resort; assessment of moral culpability, seriousness of sexual offences against children, victim harm and community protection; discretion to depart from pre‑sentence report; publication prohibition for under‑18 accused and victims; Firearms Control Act fitness.
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2 March 2022 |
| February 2022 |
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Court imposed a suspended custodial sentence with symbolic restitution to advance restorative justice for a vehicle‑theft related statutory offence.
Sentencing — balancing prevention, deterrence, retribution and rehabilitation; proportionality — restorative justice and symbolic restitution as punitive element; suspended sentence under s297 Criminal Procedure Act; statutory offences relating to possession/disposal of stolen motor vehicles (s36/37 General Law Amendment Act); ancillary firearms fitness under s103 Firearms Control Act.
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22 February 2022 |
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Accused discharged where pointing-out was involuntary and a single fingerprint alone did not prove guilt beyond reasonable doubt.
Criminal procedure — Admissibility of extra-judicial admissions/pointing-out — voluntariness under s219A; Police procedure and recording of rights and injuries; Forensic evidence — fingerprint identification by expert; Single fingerprint on an object insufficient alone to prove guilt beyond reasonable doubt; Circumstantial evidence — requirement to exclude reasonable innocent inferences; Discharge under s174 — case to meet principle and fair trial safeguards.
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22 February 2022 |
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The court refused the applicant's recusal application, finding no reasonable apprehension of judicial bias from s252A findings.
Recusal — reasonable apprehension of bias; presumption of judicial impartiality; Section 252A trial-within-a-trial — admissibility and onus; accused’s election not to testify and consequences; reasons and credibility findings do not necessarily indicate bias; disputed findings are appealable.
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21 February 2022 |
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Child witness testimony, corroborated by medical evidence, leads to conviction in a child sexual offence case.
Criminal Law - Child witness testimony - scrutiny and reliability - Sexual Offences - corroboration of child testimony - failure of accused to testify and impact.
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11 February 2022 |
| January 2022 |
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Drone footage corroborated circumstantial evidence convicting the accused of stealing and damaging rail infrastructure; two also convicted of immigration offences.
Criminal law – Theft of copper cable from rail infrastructure – weight, location and Transnet testimony as circumstantial proof of theft. Criminal law – Tampering/damage of essential infrastructure – power trip and tools as corroborative evidence. Evidence – Drone footage as admissible "silent witness" corroboration but insufficient alone to show cutting or identify perpetrators. Right to silence – failure to testify may leave a prima facie case unrefuted. Immigration – conviction where State proves lack of status; acquittal where State fails to disprove citizenship/permit.
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25 January 2022 |
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Cable theft's severe impact on infrastructure requires consideration of individual circumstances in applying minimum sentences.
Criminal Law – Copper theft – Impact on essential services and infrastructure – Sentencing considerations and proportionality – Minimum sentence legislation.
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25 January 2022 |
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Section 252A undercover evidence admissible: police conduct was only an opportunity, not impermissible inducement; onus discharged beyond reasonable doubt.
Criminal procedure – Section 252A CPA – use of traps/undercover operations – whether conduct goes beyond providing an opportunity to commit an offence – admissibility of evidence. Section 252A(2) – factors to be considered holistically and cumulatively (approval, nature of offence, inducement, persistence, proportionality, exploitation, timing, handlers’ conduct). Section 252A(6) – onus on prosecution to prove admissibility; court applied and found onus discharged beyond reasonable doubt. Section 252A(3) – discretionary balancing of public interest against accused’s personal interests when conduct goes beyond opportunity. Constitutional law – right to a fair trial (s35) – undercover operation did not infringe protected rights.
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24 January 2022 |
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Murder sentence reduced due to the deceased being the initial aggressor, under section 51(3) mitigating circumstances.
Criminal Law – Sentencing – Murder – Initial aggressor as mitigating factor – Discretion to deviate from prescribed minimum sentences – Section 51(3) Criminal Law Amendment Act.
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21 January 2022 |