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Citation
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Judgment date
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| August 2023 |
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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.
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6 August 2023 |
| July 2023 |
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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.
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27 July 2023 |
| June 2023 |
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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.
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21 June 2023 |
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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.
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21 June 2023 |
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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.
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15 June 2023 |
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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).
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14 June 2023 |
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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.
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5 June 2023 |
| May 2023 |
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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.
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26 May 2023 |
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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.
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19 May 2023 |
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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
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19 May 2023 |
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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.
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9 May 2023 |
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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.
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9 May 2023 |
| April 2023 |
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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.
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25 April 2023 |
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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
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25 April 2023 |
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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.
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4 April 2023 |
| February 2023 |
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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.
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23 February 2023 |
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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.
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22 February 2023 |
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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.
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22 February 2023 |
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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.
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21 February 2023 |
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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.
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20 February 2023 |
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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.
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17 February 2023 |
| January 2014 |
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The accused received an eighteen-year sentence for rape, emphasizing deterrence and proportionality.
Criminal Law - Sentencing - Rape case under Criminal Law Sexual Offences Act and Criminal Law Amendment Act - Eighteen years imprisonment imposed.
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15 January 2014 |