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Citation
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Judgment date
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| November 1983 |
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Accused’s self-defence rejected; State proved murder and attempted murder, though provocation found mitigating for sentence.
Criminal law – murder and attempted murder – credibility assessment where accused pleads self-defence – role of corroborative witnesses and forensic evidence; provocation as mitigating circumstance for sentence.
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11 November 1983 |
| October 1983 |
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Accused acting as lookout, firing shots and sharing common purpose convicted of murder, aggravated robbery and attempted murder; death sentence imposed.
Criminal law – armed robbery with aggravating circumstances – liability of a person acting as lookout for lethal consequences under common purpose and dolus eventualis. Evidence – reliability of prior-knowledge eyewitness identification; corroboration by confession and ballistic/circumstantial evidence. Sentencing – assessment of mitigating factors (intoxication, minor role, poverty, low education) and refusal to treat dolus eventualis as mitigating. Leave to appeal – no reasonable prospect of different conclusion on mitigation.
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28 October 1983 |
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Leave to appeal refused where trial court's credibility and factual findings were well-reasoned and sentence was within judicial discretion.
Criminal procedure – credibility and demeanour – assessment of intoxicated witness and delay – appellate prospects on factual findings – leave to appeal refused; sentencing – discretion exercised and not reasonably appealable.
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24 October 1983 |
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Application to lead further evidence and for leave to appeal refused; statutory criteria and psychiatric evidence found insufficient.
Criminal procedure – s 316(3) further evidence – requirements for receiving post-conviction evidence; leave to appeal conviction and death sentence; psychiatric evidence and diminished responsibility; allegations about legal representation and effect on mitigation evidence.
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18 October 1983 |
| September 1983 |
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Accused convicted of intentional murder on strong ballistic and eyewitness evidence; no mitigation found, death sentence imposed.
Criminal law – Murder – Intentional close-range shooting causing fatal cardiac tamponade – Ballistic linkage of recovered firearm to scene cartridge cases. Evidence – Credibility assessments – accused’s evasive, inconsistent testimony rejected; police and forensic witnesses accepted. Sentence – No mitigating circumstances found; death penalty imposed where law mandates in absence of mitigation.
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12 September 1983 |
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Confession to a magistrate under section 217 was admissible; funeral‑induced confessions were involuntary and excluded; accused convicted and sentenced to eight years.
Criminal law — Confession evidence — Voluntariness — Onus on State to prove confession free and voluntary; extrajudicial confessions induced by violence or threats are inadmissible. Criminal procedure — Section 217 Act 51 of 1977 — Written confession made to or confirmed in presence of a magistrate with interpreter certificate admissible and presumed free unless contrary proved. Evidence — Weight and corroboration — admissible confession to magistrate and post‑mortem findings sufficient to convict. Sentencing — Extenuating circumstances (no premeditation, age disparity) considered but brutality warranted custodial sentence.
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1 September 1983 |
| August 1983 |
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Court rejected an inconsistent alibi, accepted single-witness identification, convicted for rape and assault; robbery charges failed.
Criminal law – alibi – assessment of inconsistencies and uncalled witnesses – adverse inference from defence failing to call alibi witness. Criminal procedure – single-witness identification – evaluation of opportunity to observe, lighting, demeanour and identity parade reaction. Criminal law – robbery – unwilling surrender of property distinguished from theft/robbery by force. Criminal law – common purpose – joint liability for assault in coordinated group attack.
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30 August 1983 |
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Whether identification and Section 119 admissions sustain convictions and death sentence for aggravated robbery.
Criminal law – Robbery with aggravating circumstances – identification evidence and identification parade procedure – credibility of eyewitnesses and corroborative physical/medical evidence. Criminal procedure – Section 119 pleas – admissibility of Magistrate’s Court statements; voluntariness and trial within a trial. Criminal liability – Common purpose and foreseeability – liability of co‑accused for attempted murder. Firearms and ammunition – proof of possession and necessity of evidence that weapon was loaded for ammunition conviction. Sentencing – death sentence for particularly serious aggravated robbery; leave to appeal refused.
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29 August 1983 |
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Application for leave to appeal contended identification, police testimony and firearm possession might render conviction unsafe; no order recorded.
Criminal procedure – application for leave to appeal under s316(1) – safety of conviction – identification evidence and photographic line-up – credibility of police witnesses – probative value of possession of firearm – appellate prospects test (reasonable chance of different finding).
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26 August 1983 |
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Application for leave to appeal against murder conviction dismissed for lack of reasonable prospect of success.
Criminal law — leave to appeal — test: whether there is a reasonable possibility another court would reach a different finding. Evidence — credibility of accused as witness — trial court's assessment afforded weight. Evidentiary weight of photographic exhibit — insufficient to disturb conviction.
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26 August 1983 |
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Accused convicted of murder with extenuating circumstances and sentenced to ten years' imprisonment despite the crime's brutality.
Criminal law – murder – plea of guilty with extenuating circumstances – sentencing factors: personal circumstances, nature of crime, community interest – intoxication and absence of previous convictions as mitigation – brutal multiple-stabbing killing – sentence of ten years' imprisonment where death would otherwise have been warranted.
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15 August 1983 |
| July 1983 |
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Leave to appeal refused where trial credibility findings on negligence, based on primary facts, lacked reasonable prospect of being overturned.
• Civil procedure – leave to appeal – where trial judgment rests on credibility of primary witnesses, appellate interference inappropriate absent misdirection; • Evidence – credibility assessments – departure from pleaded case undermines witness credibility; • Contract law – inference from evidence – appellate court may draw inferences but cannot overturn credible primary findings without clear misdirection.
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18 July 1983 |
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Court apportioned costs across multiple interlocutory applications: applicant awarded interim-interdict costs, respondent penalised for abandoning major contentions; leave to appeal granted.
Costs — interlocutory proceedings — partial success — abandonment/withdrawal of major contentions may justify adverse costs order; Interim interdict — requisites established entitle applicant to costs of interim application; Contempt/second interdict — failure to prove canvassing or wilful disobedience defeats applicant’s claim for costs; Specific cost allocation and taxation on two counsel.
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7 July 1983 |
| June 1983 |
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Contractor breached pool-repair contract; plaintiff awarded damages and defendant may recover the supplied sand filter.
Contract — repair work — pool maintenance contract to make cracks watertight for a reasonable period — contractor’s withdrawal and failure to complete — breach and measure of damages (10% of replacement cost) — credibility of witnesses; return of supplied equipment (sand filter).
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29 June 1983 |
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Eyewitness and post‑mortem evidence accepted; accused’s self‑defence and intoxication rejected, convicted of murder and sentenced to death.
Criminal law – Murder – Credibility of eyewitnesses and consistency with post‑mortem findings – Self‑defence and intoxication raised but rejected – No extenuating circumstances – Death sentence – Leave to appeal dismissed.
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7 June 1983 |
| May 1983 |
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Medical and witness corroboration established penetration and supported convictions; leave to appeal was refused.
Criminal law – Rape – Penetration – Medical evidence of swollen genitalia and vulvar penetration up to hymen supports finding of sexual assault. Evidentiary corroboration – Child's testimony corroborated by independent witnesses observing wide gait/soiled underwear. Credibility – Accused's inconsistent/false testimony justifies rejection. Escape from custody – admission of conduct establishes offence. Leave to appeal – refused where no reasonable prospects of success.
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24 May 1983 |