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Citation
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Judgment date
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| October 2023 |
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A court reduced the prescribed life sentence for child rape, finding the accused’s age and serious health impairments substantial and compelling.
• Criminal law – sexual offences against children – rape by parent – aggravating factors: abuse of trust, age of victim, duration/frequency, likely psychological harm; need for denunciation and deterrence.
• Sentencing – minimum prescribed sentence (life) – application of substantial and compelling circumstances under s.51(3) to justify a lesser sentence.
• Sentencing considerations – accused’s age, poor health and physical impairment (blindness, epilepsy) as mitigating factors.
• Ancillary orders – publication restraint, inclusion on National Register for Sex Offenders, unsuitability to work with children, victim assessment and therapy.
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25 October 2023 |
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Medical corroboration and an accused’s admissions supported conviction; child anonymity and witness recall were permitted.
Criminal law – Sexual offences – child complainants – anonymity and intermediary testimony – section 153/154 Criminal Procedure Act. Criminal procedure – recall of State witness – discretion and prejudice to accused. Evidence – medico‑legal corroboration (ruptured hymen) as supporting penetration and rape conviction. Admissions – informal admissions to medical staff and their weight. Credibility – oath‑against‑oath assessment; delays and inconsistencies in child testimony do not automatically destroy credibility.
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25 October 2023 |
| July 2023 |
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Planned and deliberate murder justified a life sentence under s51(1); no substantial and compelling circumstances to deviate.
Criminal law – Murder (planned and deliberate) – application of minimum sentence under s51(1) Criminal Law Amendment Act 105/1997 – absence of substantial and compelling circumstances – life imprisonment; obstructing course of justice – concurrent sentence; ancillary victim-support and firearms orders; consideration of children’s interests.
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24 July 2023 |
Fraud and contraventions - Municipal Financial Management Act |
14 July 2023 |
| June 2023 |
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Court convicted the first and second accused of murder and obstructing justice based on cumulative cellphone and witness evidence.
Criminal law — Murder — common purpose and circumstantial evidence — cellphone call‑data and propagation mapping as corroboration — credibility of co‑accused testimony — Browne v Dunn duty to confront witnesses — obstructing course of justice; conspiracy charge where substantive offence committed.
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30 June 2023 |
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Court evaluates substantial and compelling circumstances to potentially deviate from the prescribed minimum for robbery.
Criminal Law – Sentencing – Robbery with aggravating circumstances – Substantial and compelling circumstances – Prescribed minimum sentence. |
24 June 2023 |
| April 2023 |
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Metro police officer’s handcuffing and van confinement constituted an unlawful arrest and assault; plaintiff awarded R100,000 plus interest and costs.
Unlawful arrest and detention; handcuffing and confinement constitute arrest; necessity for lawful basis and compliance with Criminal Procedure Act; absence of warrant and failure to bring arrestee to station renders arrest unlawful; unchallenged evidence of assault and emotional shock accepted; damages and costs awarded.
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24 April 2023 |
| March 2023 |
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Leave to appeal refused: serious large‑scale fraud outweighed remorse, gambling addiction and primary‑caregiver considerations.
Criminal law – sentencing for large‑scale fraud – prescribed minimum sentences and substantial and compelling circumstances; pathological gambling as mitigation; sentencing of primary caregiver – s 28 Constitution and S v M guidelines; test for leave to appeal (reasonable prospects of success).
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13 March 2023 |
| February 2023 |
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Pathological gambling found a substantial and compelling circumstance permitting deviation from prescribed minimum sentences; effective nine years imprisonment.
Criminal law – Sentencing – Section 112(2) plea binding for sentencing facts – Section 51(2)/(3) Criminal Law Amendment Act – prescribed minimum sentences and substantial and compelling circumstances – pathological gambling as mitigation – sentencing triad and deterrence – ancillary orders for children's welfare.
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14 February 2023 |
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Default judgment rescinded where service was defective and applicants showed bona fide defences raising triable issues.
Rescission of default judgment — adequacy of explanation for default; validity of service at domicilium; requirement of bona fide defence with prima facie prospect; excipiability of particulars for incomplete MOI; non-joinder of municipality; disputes over levy quantum fit for trial.
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9 February 2023 |
| January 2023 |
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Whether the accused’s honest and reasonable belief of imminent attack established private defence, defeating murder charges.
Criminal law – private defence – evidential burden where accused admits assault or killing – accused must place evidence showing circumstances of private defence. Criminal procedure – section 174 application – discharge at close of State case inappropriate where private defence raises an evidential burden. Private defence – elements: trigger (subjective belief on reasonable grounds), motive (defensive purpose), response (objective proportionality); factors for assessment include imminence, weapons, age/size, relationship history and available alternatives. Evidence – credibility and consistency of interested witnesses; admissibility of victim’s disposition for violence to show probability of aggression.
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13 January 2023 |
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Accused acquitted on grounds of private defence; state's evidence insufficient to prove guilt beyond reasonable doubt.
Criminal Law - Private Defence - Self-defence in familial conflict - Burden of proof in private defence claims - Credibility and proportionality of defensive acts.
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13 January 2023 |