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Citation
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Judgment date
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| June 2025 |
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15 June 2025 |
| April 2024 |
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Court applies a common-sense approach to child evidence, convicts on rape and one assault count, rejects accused’s testimony.
• Evidence — Child witnesses: adopt a common-sense assessment; no automatic adult standard or mandatory corroboration requirement. • Sexual offences — credibility, delayed disclosure and peripheral inconsistencies do not necessarily defeat core consistent testimony. • Confirmatory evidence — medical reports and photographs can materially support complainants’ accounts. • Credibility — accused’s evasive and inconsistent testimony may be rejected; plea explanations are evidential material. • Procedural — defective or insufficiently particularised charges may prevent conviction on specific counts.
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22 April 2024 |
| 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 |
| 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 |
| 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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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 |
| 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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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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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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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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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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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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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 |
| December 2021 |
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Court found proportionality, remorse and limited role to be substantial and compelling, and imposed eight years’ imprisonment.
Criminal law – Essential infrastructure-related offences – Purpose of Criminal Matters Amendment Act 2015 – protection of public safety and services. Sentencing – Prescribed minimum sentences (s 51(3) Criminal Law Amendment Act 105 of 1997) – departure only for substantial and compelling circumstances. Sentencing principles – proportionality and parity; remorse and the accused’s role as relevant mitigating factors. Sentence imposed – custodial sentence of eight years; no alternative under s 103(1) of Act 60/2000.
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14 December 2021 |
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Recent-possession supported conviction of the driver; co-accused acquitted for lack of proven knowledge or possession.
Stock theft – Stock Theft Act 57 of 1959 – Doctrine of recent possession – recent discovery of stolen goats in vehicle supports conviction where accused cannot satisfactorily explain possession. Criminal law – Circumstantial evidence – conspectus of evidence must exclude reasonable hypotheses of innocence. Evidence – Possession elements (control and knowledge/animus possidendi) – distinction between physical presence and legal possession. Procedure – Browne v Dunn principle – duty to put accused’s version to state witnesses; failure noted but assessed in context. Court procedure – Obiter on delays and counsel’s conduct affecting fair, speedy trial.
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9 December 2021 |
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A suspended custodial sentence with restorative financial and community‑service conditions was imposed for stock theft, balancing proportionality and COVID‑19 considerations.
Criminal law — Sentencing for stock theft — Proportionality, parity, deterrence, denunciation, rehabilitation and restorative justice — Suspended sentence with onerous community conditions — COVID‑19 as relevant to conditions of imprisonment — Restitution/contribution as punitive element of sentence — Ancillary firearms search and seizure under s103(4) Firearms Control Act.
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9 December 2021 |
| November 2021 |
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Court balances proportionality and prior convictions when sentencing a repeat offender for theft-related crimes.
Criminal law - Sentencing - Proportionality - Repeat offenders - Previous convictions influencing sentencing
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15 November 2021 |
| 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 |