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Handed down	Judgment	Court
21 Sep 2017	119.72 KB Criminal law – appeal against conviction of rape – appellant failed to testify – conceded by appellant that sexual intercourse proved – lack of consent and intention also proved – appeal against conviction dismissed – appeal against sentence – no misdirection on part of court below and sentence of 22 years imprisonment not shockingly inappropriate – appeal against sentence dismissed. Costa NO v Arvum Exports[2017] ZASCA 113 · Trust: a resolution of trustees of a family trust, that authorized one trustee to ‘sign all the documentation’, does not authorize the concl...	Supreme Court of Appeal
13 Sep 2017	181.41 KB Criminal Procedure – rape – sentence – life imprisonment – minimum sentence in terms of Criminal Law Amendment Act 105 of 1997 – substantial and compelling circumstances – proper approach – to require exceptional circumstances for the determination of whether substantial and compelling circumstances exist, incorrect – sentence of life imprisonment set aside and replaced with 15 years' imprisonment. Rantlai v The State[2017] ZASCA 106 · Appeal against sentence – appellant convicted on three counts of robbery read with s 51(2)(a) of the Criminal Law Amendment Act 105 of 1997,...	Supreme Court of Appeal
11 Sep 2017	129.4 KB Appeal against sentence – appellant convicted on three counts of robbery read with s 51(2)(a) of the Criminal Law Amendment Act 105 of 1997, as amended by the Criminal Law (Sentencing ) Amendment Act 38 of 2007 and one count of unlawful possession of a firearm and one of unlawful possession of ammunition – all three counts of robbery were taken together for purposes of sentence – the appellant was sentenced to a composite sentence of 20 years’ imprisonment – the conviction in[2017] ZASCA 105 · Application for permanent stay of prosecution – extraordinary remedy – complaint that the right to have trial begin and conclude without rea...	Supreme Court of Appeal
6 Sep 2017	185.47 KB Criminal Law and procedure — damages — Unlawful arrest and detention — appeal against judgment awarding damages for unlawful arrest and detention of the respondent — whether or not the appellant’s servant had the requisite suspicion to arrest and detain the respondent — periods of detention before and after first appearance in court to be separately considered — claim for detention after first appearance neither pleaded nor established — appeal upheld. Mgwenya v Kruger[2017] ZASCA 102 · Section 16(2)(a)(i) and (ii) of the Superior Courts Act of 2013 – judgment or order sought on appeal would have no practical effect or resul...	Supreme Court of Appeal
6 Sep 2017	112.81 KB Criminal Procedure - Appeal against sentence - whether substantial and compelling circumstances exist to justify deviation from prescribed life sentence - whether misdirection by trial court and full court - no misdirection found - appeal dismissed. Minister of Safety and Security v Magagula[2017] ZASCA 103 · Criminal Law and procedure — damages — Unlawful arrest and detention — appeal against judgment awarding damages for unlawful arrest and dete...	Supreme Court of Appeal
27 Mar 2017	228.42 KB Criminal Law - conviction on housebreaking with intent to commit indecent assault and indecent assault - whether the State proved the identity of the appellant and all the elements of housebreaking with intent to commit indecent assault and indecent assault beyond reasonable doubt. Harrielall v University of KwaZulu-Natal[2017] ZASCA 25 · Promotion of Administrative Justice Act of 2000 : refusal of application for admission to course of study leading to MBChB degree : applicat...	Supreme Court of Appeal
24 Mar 2017	statement in terms of s 115 of the Criminal Procedure Act 51 of 1977 Manukha v Road Accident Fund[2017] ZASCA 21 · Road Accident Fund Act of 1996: ss 17(1); and read with regulation 3(3)(b)(ii): Damages: motor vehicle accident: claim for compensation agai...	Supreme Court of Appeal
18 Mar 2008	JG Swanepoel v The State (508/07)[2008] ZASCA 8	Supreme Court of Appeal

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Judgments on criminal