|
Citation
|
Judgment date
|
| December 2023 |
|
|
Court departs from the minimum sentence for murder, imposing 12 years due to mitigating factors like intoxication.
Criminal Law - Murder - Sentencing adhering to proportionality with mitigating factors considered in sentence departure; intoxication and retribution principles discussed.
|
28 December 2023 |
|
Court reviews ongoing detention beyond two years under Correctional Services Act for trial delays.
Criminal procedure - remand detention - prolonged incarceration - right to be tried within a reasonable time.
|
11 December 2023 |
|
The accused were acquitted due to insufficient evidence and inconsistencies in witness testimony.
Criminal Procedure – Discharge in absence of evidence – Credibility vs. reliability in witness testimony – Presumption of innocence.
|
11 December 2023 |
| November 2023 |
|
|
Accused found not guilty due to inconsistencies in complainant's testimony and insufficient evidence to proceed.
Criminal Law - Burden of proof - Test of reasonable doubt - Inconsistencies in witness testimony - Presumption of innocence
|
22 November 2023 |
|
The court convicted the accused for sexual assault, finding no communicated consent was present.
Criminal law – Sexual offences – Consent – Requirement of communicated consent – Assessment of complainant's credibility and corroborating evidence.
|
16 November 2023 |
|
The accused was acquitted of murder charges due to insufficient evidence under section 174 of the Criminal Procedure Act.
Criminal Law – Murder – Plea Explanation – Evidential Value – Discharge Under Section 174 of the Criminal Procedure Act
|
15 November 2023 |
|
Suspended sentence granted for young offender's guilty plea in culpable homicide, emphasizing rehabilitation.
Culpable homicide - sentencing principles - youth offender - guilty plea impact - moral blameworthiness assessment.
|
9 November 2023 |
|
The accused was found guilty of murder and assault, with 'aberratio ictus' deemed inapplicable.
Criminal law - Murder and assault charges - Evaluation of witness credibility - Application of 'aberratio ictus' defense dismissed.
|
9 November 2023 |
|
Sentencing for firearm possession balances denunciation, deterrence, and moral culpability within statutory constraints.
Criminal law – Gun possession – Sentence – Mandatory minimum penalty discussions and proportionality considerations.
|
8 November 2023 |
|
The court acquitted Mr. D of rape and assault charges, citing reasonable doubt due to conflicting testimonies.
Criminal Law - Sexual Offences - Rape - Consent - Evidentiary Requirements - Reasonable Doubt.
|
7 November 2023 |
|
The court balanced rehabilitative and denunciatory elements in intrafamilial assault sentencing, emphasizing early guilty plea benefits.
Criminal Law – Sentencing – Intrafamilial Assault – Balancing rehabilitative and denunciatory sentencing – Effect of early guilty plea – Mitigating factors.
|
6 November 2023 |
| October 2023 |
|
|
Court addresses undue trial delay, recognizing sincere remorse in sentencing for culpable homicide.
Criminal procedure – undue trial delay – fair trial rights – culpable homicide – sentencing considerations – genuine remorse and guilty plea as mitigating factors.
|
19 October 2023 |
|
Sentencing under the Child Justice Act focuses on rehabilitation over punishment for young offenders.
Child Justice – Sentencing – Objectives under the Child Justice Act – Emphasis on rehabilitation, accountability, and reintegration – Use of imprisonment as last resort.
|
19 October 2023 |
|
Court emphasizes proportionality principle and individualized sentencing approach in sexual assault case.
Criminal Law - Sentencing principles in sexual offences - Proportionality - Intoxication as a mitigating factor - Suspended sentence conditions
|
11 October 2023 |
|
The court dismissed charges due to trial delays and absent complainant, citing rights violations.
Criminal Procedure – Delays in justice – Dismissal of charges due to unreasonable trial delays and absent complainant – Section 174 of the Criminal Procedure Act applied.
|
9 October 2023 |
| September 2023 |
|
|
Divorce case addressing division of pension interest and valuing domestic contributions in community property marriage.
Divorce - Community of property - Division of assets - Pension interest - Domestic contributions
|
28 September 2023 |
|
Police officer sentenced for sexual assault, emphasizing deterrence, restorative justice, and restitution.
Criminal Law – Police officer breach of trust – Sexual assault – Restorative justice – Sentencing and restitution
|
21 September 2023 |
|
Court prioritizes deterrence in sentencing for hunting endangered species, emphasizing public education and compliance.
Environmental law – Sentencing – Endangered species – Deterrence as a primary sentencing objective – Role of remorse in regulatory offences
|
18 September 2023 |
| August 2023 |
|
|
Lapse of time and good conduct do not avoid life sentence for child rape absent substantial and compelling circumstances.
Criminal law – Sexual offences against children – Rape of person under 16 – Minimum sentence regime (s51(1) Criminal Law Amendment Act) – Life imprisonment ordinarily prescribed – lapse of time and good conduct considered but not per se substantial and compelling circumstances – sentencing principles: denunciation, general deterrence, victim harm, abuse of trust, duration/frequency and age of victim – ancillary orders: sexual offenders’ register, unsuitability to work with children, victim assessment.
|
31 August 2023 |
|
State-induced delay breached the accused's right to a timely trial; matter struck off under section 342A (DPP instruction required for re-prosecution).
Criminal procedure – Right to trial within a reasonable time – Institutional/administrative delay (non-functioning CCTV; failure to subpoena witnesses) – State responsibility – Section 342A(3) Act 51/1977 – Remedy: matter struck off roll; no re-initiation without DPP instruction.
|
31 August 2023 |
|
Historic child‑sexual‑abuse conviction upheld on credible single‑witness evidence and contextual assessment of delayed reporting.
* Criminal law – sexual offences – historic child sexual abuse – assessment of single complainant evidence and delay in reporting; relevance of grooming and position of trust.
* Evidence – credibility vs reliability – court may convict on single witness where testimony is satisfactory in context.
* Procedure – bare denial insufficient for acquittal if rejected in light of cogent conflicting evidence.
* First report evidence – social worker’s report and contemporaneous notes admissible and probative.
|
25 August 2023 |
|
Case struck off roll due to unreasonable delay in trial proceedings under Section 342A Criminal Procedure Act.
Criminal procedure – unreasonable trial delay – Section 342A Criminal Procedure Act – state responsibility – complainant absenteeism.
|
6 August 2023 |
| July 2023 |
|
|
Court acquitted the accused where suggestible, peripheral child evidence and sparse prosecution proof left reasonable doubt.
Criminal law – sexual offences – child complainant evidence – apply common‑sense approach; distinguish core versus peripheral evidence; delay and suggestibility not necessarily fatal; bare denial insufficiently displaced where State’s case is historically remote and sparse; acquittal where reasonable doubt remains.
|
27 July 2023 |
| June 2023 |
|
|
The respondent’s reckless foresight (dolus eventualis) established murder despite voluntary intoxication.
Criminal law – Murder – Mens rea – Dolus eventualis (subjective foresight and reconciliation) – Causation by blunt force (kicking/stomping) – Credibility and internal inconsistencies of accused’s testimony – Voluntary intoxication insufficient to negate dolus eventualis – Conviction under s51(2) of Act 105 of 1997.
|
21 June 2023 |
|
Court found proportionality and intoxication substantial and compelling and imposed ten-year sentence for murder under s.51(2).
* Criminal law – Murder – Minimum sentences – Section 51(2) Criminal Law Amendment Act 105 of 1997 – necessity of substantial and compelling circumstances.
* Sentencing – proportionality as central principle; balancing denunciation, deterrence, rehabilitation and separation.
* Intoxication – as factor potentially constituting substantial and compelling circumstances.
* Ancillary orders – Firearms Control Act s.103 (search and seizure); Criminal Procedure Act s.299A (family parole participation); directions for psychological assessment and therapy for victim’s family.
|
21 June 2023 |
|
The respondent’s large-scale illegal possession of protected rock lobster warranted a suspended five-year imprisonment with restorative and community-service conditions.
Marine Living Resources Act – Illegal possession of large quantities of West Coast rock lobster – Seriousness of offence, deterrence and denunciation – Guilty plea and personal circumstances – Suspended custodial sentence with restorative/community-service conditions – Forfeiture and ancillary Firearms Control Act orders.
|
15 June 2023 |
|
The accused’s guilty plea mitigated sentence, but robbery’s seriousness and deterrence justified five years’ imprisonment.
Criminal law – Sentencing principles – proportionality, denunciation and deterrence – robbery as a serious prevalent offence; guilty plea and remorse as mitigating factors; ancillary orders under Firearms Control Act (s103).
|
14 June 2023 |
|
Accused discharged under section 174 where serious inconsistencies and lack of corroboration rendered the State’s case insufficient.
Criminal procedure – section 174 Criminal Procedure Act 51/1977 – discharge at close of State case where evidence insufficient; Credibility – assessment of internal and external inconsistencies; Constitutional right – principle against self‑incrimination and ‘case to meet’ requirement; Sexual offences – need for proved age and corroboration where central issues are disputed.
|
5 June 2023 |
| May 2023 |
|
|
Serious penalties are imposed on premeditated domestic violence crimes, focusing on deterrence and denunciation.
Criminal law – sentencing – domestic violence – aggravated nature of assault and kidnapping – mitigating value of late guilty plea evaluated – deterrence and denunciation in sentencing.
|
26 May 2023 |
|
Court sentences the accused to life imprisonment for murder, emphasizing severity of gender-based violence.
Criminal Law – Murder – Gender-based violence – Sentencing – Life imprisonment under section 51(1) Criminal Law Amendment Act – Substantial and compelling circumstances not found.
|
19 May 2023 |
|
The court convicted the accused of premeditated murder, relying on circumstantial evidence and witness testimony.
Criminal law - murder - premeditated murder - credibility of witness testimony - admission of hearsay evidence - inconsistencies in witness statements
|
19 May 2023 |
|
Accused found guilty of possessing a firearm and ammunition based on credible state witness testimony.
Criminal Law – Firearms Control Act – possession of a firearm – credibility of state and defense witnesses.
|
9 May 2023 |
|
The court imposes a firm sentence for illegal firearm possession to enhance public safety and deterrence.
Criminal Law – Firearms Control Act – illegal possession of firearms – deterrence and public safety – community impact of gun violence.
|
9 May 2023 |
| April 2023 |
|
|
Accused acquitted of rape due to inconsistent testimony but convicted of assault.
Criminal law – Rape charges – Assessment of credibility and inconsistencies in witness testimony – Conviction on lesser charge of assault due to insufficient evidence of rape.
|
25 April 2023 |
|
Restorative justice emphasizes community service and restitution over imprisonment for minor offenders.
Criminal Law - Sentencing - Restorative justice approach; Role of community service and restitution in non-custodial sentences
|
25 April 2023 |
|
Case dismissed due to unreasonable delay and failure to secure witness attendance, affecting fair trial rights.
Criminal Procedure – Unreasonable delays in trial – Section 342A of Act 51/1977 – Duties of the State in ensuring witness attendance and fair trial rights under section 35 of the Constitution.
|
4 April 2023 |
| February 2023 |
|
|
Illegal possession of a firearm warrants significant penalties to balance deterrence and denunciation with offender rehabilitation.
Criminal law – Sentencing – Illegal possession of firearms – Deterrence, denunciation versus rehabilitation – Substantial and compelling circumstances for reduced sentence.
|
23 February 2023 |
|
The court upheld the warrantless arrest and convicted the accused for unlawful firearm possession beyond reasonable doubt.
Criminal procedure - warrantless arrest - grounds of reasonable belief. Firearms possession - proving possession beyond reasonable doubt.
|
22 February 2023 |
|
Balancing retribution and rehabilitation in sentencing for murder influenced by toxic masculinity.
Criminal Law – Murder – Toxic masculinity as an influencing factor – Sentencing principles: retribution, denunciation, and rehabilitation.
|
22 February 2023 |
|
Sentence for theft considering extensive criminal history and principles of sentencing proportionality and rehabilitation.
Criminal law – Sentencing – Consideration of previous convictions – Principle of proportionality – Rehabilitation versus deterrence.
|
21 February 2023 |
|
Accused found guilty of murder, not premeditated, despite intoxication and anger, for stabbing victim.
Criminal Law – Murder – Intention to kill – Premeditation – Effect of intoxication and anger on intent.
|
20 February 2023 |
|
State failed to present sufficient evidence for charges of driving under influence and bribery, leading to acquittal.
Criminal law - Road Traffic Act violations - driving under influence, reckless driving; Corruption - bribery of public officers; Evidence assessment - sufficiency and credibility; acquittal on no evidence.
|
17 February 2023 |