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Citation
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Judgment date
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| August 2025 |
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A conviction for attempted murder and firearms offences upheld on circumstantial evidence and application of common purpose doctrine.
Criminal law – Circumstantial evidence – Proof of guilt beyond reasonable doubt – Firearms offences – Attempted murder – Application of common purpose – Chain of custody – Burden of proof – Evaluation of accused’s version and credibility.
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15 August 2025 |
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Accused discharged under section 174 after unreasonable prosecutorial delay and failure to secure state witnesses.
* Criminal procedure – unreasonable delay – section 35(3)(d) right to trial without unreasonable delay – section 342A enquiry; State’s duty to confirm witness availability and issue subpoenas. * Institutional shortcomings (faulty/stolen CCTV, resource constraints) do not constitute exceptional circumstances unless unforeseeable and unremediable. * Court may invoke section 174 mero motu and discharge accused where no evidence and prosecution cannot proceed.
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14 August 2025 |
| July 2025 |
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Alcohol intoxication and pre-trial detention were considered in sentencing for rape and kidnapping.
Criminal Law – Sentencing – Influence of alcohol as a mitigating factor – Justification for deviating from prescribed penalties in severe offenses such as kidnapping and rape.
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30 July 2025 |
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Application for discharge under Section 174 refused; State presented sufficient circumstantial evidence for trial continuation.
Criminal Procedure - Section 174 application - Prima facie evidence abuse - Duty of state to establish case to meet - Role of circumstantial evidence.
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1 July 2025 |
| June 2025 |
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Court started at life imprisonment for rape of a mentally disabled victim but found substantial and compelling circumstances to impose 20 years.
Criminal law — Sexual offences — Rape of mentally disabled person — Section 51(1) Criminal Law Amendment Act: life imprisonment as starting point — Substantial and compelling circumstances and proportionality permitting departure — Sentencing considerations: vulnerability, abuse of trust, harm (pregnancy/abortion), moral blameworthiness — Ancillary orders: sex-offender registration, publication ban, psychological support, firearms measures, employment prohibition.
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18 June 2025 |
| May 2025 |
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Court convicted both accused of kidnapping and rape; second accused additionally convicted of assault.
Criminal law – Kidnapping; Sexual offences (rape) – section 3 read with s.51(1) Criminal Law Amendment Act – common purpose/active association; Credibility assessment – alcohol, trauma, police statements and peripheral inconsistencies; Bare denial defence – when rejection is permissible; Assault versus assault with intent to cause grievous bodily harm.
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16 May 2025 |
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Complainant's intellectual disability renders her incapable of consenting to sexual intercourse, affirming conviction.
Criminal law - Sexual offences - Consent - Intellectual disability restricts capacity to consent - Knowledge of inability to consent.
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15 May 2025 |
| November 2024 |
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The court imposed life imprisonment for the rape of a minor, citing no circumstances to warrant deviation.
Criminal law - Rape - Sentencing - Minimum life imprisonment for the rape of a minor - No deviation justified. |
19 November 2024 |
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Court excludes evidence from unconstitutional warrantless search lacking reasonable grounds.
Criminal law – warrantless searches – justification under section 22 of the Criminal Procedure Act 51/1977 – constitutional rights – exclusion of evidence obtained through unconstitutional search. |
13 November 2024 |
| September 2024 |
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Court finds accused guilty of rape, affirming credibility of child witness and corroborative medical evidence.
Criminal law – Rape – Evaluation of evidence – Credibility of child victim – Corroborative medical evidence
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12 September 2024 |
| August 2024 |
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Court finds substantial and compelling reasons to deviate from life imprisonment for a young first-time offender convicted of rape.
Criminal Law – Rape – Sentencing considerations – substantial and compelling circumstances – deviation from minimum life imprisonment – suitability for correctional supervision.
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19 August 2024 |
| June 2024 |
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Court sentences rapist and reaffirms minimum sentencing norms emphasizing community protection and justice system confidence.
Criminal Law - Sentencing - Rape - Minimum Sentences - Social Impact and Judicial Responsibility
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28 June 2024 |
| May 2024 |
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On the totality of credible complainant testimony and medical evidence, the accused was convicted of rape; consent must be affirmatively communicated.
Criminal law – Sexual offences – Rape – Single-witness complainant evidence assessed in context of totality of evidence; medical proof of fresh perineal injuries supports penetration; consent requires affirmative communication; silence/passivity not consent; Browne v Dunn obligations and impact of breaches on defence evidence.
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16 May 2024 |
| April 2024 |
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Court convicted accused of two sexual-offence counts; complainant credible and medical evidence confirmed penetration.
Criminal law — Sexual offences — sufficiency of evidence and proof of penetration; credibility assessment of single complainant; corroboration by medical and independent witness evidence; refusal of section 174 discharge.
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30 April 2024 |
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Application for leave to appeal a life sentence for rape with intent to cause grievous harm was refused due to lack of misdirection.
Criminal Law – Sentencing – Appeal against sentence – Minimum sentence for rape with intent to cause grievous bodily harm – Discretionary misdirection and individual circumstances in sentencing. |
16 April 2024 |
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Court suspended a four-year sentence for sexual assault with community-based conditions and a publication ban on the complainant.
Sentencing — sexual offences — individualized sentencing and proportionality; denunciation and deterrence vs rehabilitation; suspended (community) sentence with punitive and restorative conditions; restitution as punitive element; ancillary orders — firearms fitness and publication ban on complainant.
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8 April 2024 |
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Private defense does not justify excessive force, resulting in murder conviction without premeditation.
Criminal law – Private Defense – Limits on reasonable force – Murder conviction without premeditation.
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5 April 2024 |
| March 2024 |
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Whether intoxication-induced memory loss negated capacity to consent; court found reasonable doubt and acquitted the accused.
Sexual offences — Consent is subjective; capacity to consent is a precondition — Intoxication and blackout do not automatically negate capacity — State must prove incapacity or lack of consent beyond reasonable doubt — Circumstantial evidence and prior relationship relevant to credibility but not dispositive — Section 174 discharge considerations where multiple inferences arise.
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27 March 2024 |
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Court imposes 15 years for rape and 8 years for attempted murder, considering compelling circumstances and proportionality.
Criminal Law – Sentencing – Rape and Attempted Murder – Substantial and compelling circumstances – Proportionality in sentencing
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20 March 2024 |
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The court addressed the culture of delay in criminal proceedings, emphasizing the right to timely trials.
Criminal procedure – Unreasonable delay – Effects on fair trial rights under section 35 – Measures to prevent future delays.
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19 March 2024 |
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Court convicts the accused of rape and attempted murder, affirming the credibility of the complainant's testimony.
Criminal law – Rape and attempted murder – Issues of credibility and reliability of witnesses – Assessment of identification evidence.
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13 March 2024 |
| February 2024 |
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Court imposed 18 years for child rape after finding proportionality and alcohol intoxication amounted to substantial and compelling circumstances.
Criminal law — Sexual offences against children — Sentencing principles — Section 51 Criminal Law Amendment Act (mandatory life) — Substantial and compelling circumstances — Proportionality and parity — Alcohol intoxication as mitigation — Ancillary orders: publication ban, sex‑offender registry, declaration unsuited to work with children, social‑welfare interventions.
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26 February 2024 |
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Complainant credible and supported by medical evidence, but total evidence left reasonable doubt; respondent acquitted.
Criminal law – Sexual offences – single-witness child complainant – corroboration by medical evidence – presumption of innocence and reasonable doubt – delays and memory gaps – credibility assessment.
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22 February 2024 |
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The accused was acquitted due to reasonable doubt regarding the complainant’s capacity to consent.
Criminal law – Sexual offences – Consent – Presumption of innocence – Burden of proof on the State – Sufficiency of intoxication as a factor for incapacity to consent
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16 February 2024 |
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Application for leave to appeal refused due to lack of reasonable prospect of success and material impact on conviction.
Criminal Procedure – Leave to Appeal – Reasonable Prospect of Success – Discrepancies in Dates – Single Witness Testimony Credibility
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8 February 2024 |
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Application to admit prior sexual history under section 227 dismissed; relevance and prejudice balancing decisive.
* Criminal Procedure Act 51/1977 s227 – admissibility of prior sexual experience; relevance threshold and statutory factors; prohibition of twin‑myth inferences; limited exceptions for prior negotiations/customs; probative value versus prejudice.
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7 February 2024 |
| January 2024 |
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Credible single witness testimony, corroborated by medical evidence, led to a conviction in sexual assault.
Criminal law – Sexual Offences – Credibility assessment of single witness testimony – Use of medical evidence for corroboration – Evaluation of victim blaming claims in a trial context.
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26 January 2024 |
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Court imposes 20-year sentence for murder, considering rage-driven act and compelling circumstances for reduced term.
Criminal Law - Murder - Sentencing - Consideration of substantial and compelling circumstances for deviation from minimum sentence.
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22 January 2024 |
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Court discharged the accused due to insufficient evidence and unreliable testimony from the complainant.
Criminal Law – Sexual offences – credibility of witness testimony – mentally disabled complainant – section 174 discharge
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16 January 2024 |
| December 2023 |
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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.
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28 December 2023 |
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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.
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11 December 2023 |
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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.
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11 December 2023 |
| November 2023 |
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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
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22 November 2023 |
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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.
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16 November 2023 |
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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
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15 November 2023 |
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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.
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9 November 2023 |
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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.
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9 November 2023 |
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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.
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8 November 2023 |
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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.
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7 November 2023 |
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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.
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6 November 2023 |
| October 2023 |
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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.
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19 October 2023 |
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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.
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19 October 2023 |
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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
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11 October 2023 |
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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.
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9 October 2023 |
| September 2023 |
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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
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28 September 2023 |
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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
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21 September 2023 |
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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
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18 September 2023 |
| August 2023 |
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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.
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31 August 2023 |
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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.
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31 August 2023 |
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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.
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25 August 2023 |