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Case law by topic

Judgments on sentence

128 judgments on file that touch sentence, newest first, each with the court's own file.

Handed downJudgmentCourt
16 Jan 2024 Cupido v The State[2024] ZASCA 4 · Criminal law and Procedure – reliance on single witness – whether the court applied the cautionary rule in respect of single witness –admiss... Supreme Court of Appeal
5 Dec 2023 De Klerk v The State[2023] ZASCA 172 · Criminal law and procedure – appeal – appeal to the Supreme Court of Appeal against the refusal of a petition in the high court seeking leav... Supreme Court of Appeal
4 Dec 2023 Andrew Barney August v The State[2023] ZASCA 170 · Application for condonation of the late filing of notice of appeal – requirements for condonation restated – appellant not satisfying requir... Supreme Court of Appeal
21 Nov 2023 Ntshongwana v The State[2023] ZASCA 156 · Criminal law – defence of pathological incapacity – ss 78(1A) and 78(1B) of the Criminal Procedure Act of 1977 – onus on accused to prove la... Supreme Court of Appeal
17 Nov 2023 Smit v The State[2023] ZASCA 154 · Criminal law and procedure – fraud – whether appellant had intent, in the form of dolus eventualis, to commit fraud – whether the appellant,... Supreme Court of Appeal
17 Nov 2023 Minister of Justice and Correctional Services and Others v Wilhelm Pretorius and Others[2023] ZASCA 155 · Appeal – Superior Courts Act of 2013, s 16(2)(a) – mootness – whether, irrespective of mootness, interests of justice require decision on ap... Supreme Court of Appeal
14 Nov 2023 MC Olesitse N.O. v The Minister of Police[2023] ZACC 35 · Application of the “once and for all” common law rule –– applicable to only one cause of action and not to more than one cause of action ––... Constitutional Court
10 Nov 2023 Vumani Oscar Ntuli v The State (10252022)[2023] ZASCA 150 · Appeal to the Supreme Court of Appeal against the refusal of the high court of a petition seeking leave to appeal against conviction and sen... Supreme Court of Appeal
10 Oct 2023 Natasha Liebenberg v The State[2023] ZACC 33 · Admissions in terms of section 220 of the Criminal Procedure Act 57 of 1977 — admissibility of evidence in disciplinary hearing –– lack of j... Constitutional Court
26 Sep 2023 Evans v The State[2023] ZASCA 123 · Criminal law – fraud – sentence – prescribed minimum sentence – appeal – cumulative convictions of fraud – applicability of section 51(2)(a)... Supreme Court of Appeal
31 May 2023 Raymond Daniel de Villiers v The State[2023] ZASCA 83 · Criminal Law and Procedure – compensation order – whether a court of appeal could impose an order of compensation in terms of s 300 of the C... Supreme Court of Appeal
12 May 2023 Director of Public Prosecutions, Gauteng Division, Pretoria v D M S and A O L[2023] ZASCA 65 · Appeal against sentences in terms of s 316B of the Criminal Procedure Act of 1977 – whether sentences imposed by the trial court were too le... Supreme Court of Appeal
3 May 2023 Govender v The State[2023] ZASCA 60 · Criminal Law – murder – common purpose – conviction on direct and circumstantial evidence – presence at scene, active association and intent... Supreme Court of Appeal
28 Mar 2023 Francis v The State[2023] ZASCA 30 · Criminal procedure – appeal against refusal of petition by high court – appellant convicted of two counts of dealing in drugs – sentenced to... Supreme Court of Appeal
1 Feb 2023 David John Riley v Rochelle Tracy Riley[2023] ZACC 5 · Contempt of Court — rule 42 of the Uniform Rules of Court — variation of court orders Constitutional Court
24 Jan 2023 Makhi Kapa v The State[2023] ZACC 1 · Law of Evidence Amendment Act 45 of 1988 — application of section 3(1)(c) — admission of hearsay evidence — interests of justice Constitutional Court
21 Nov 2022 Janusz Jakub Walus v Minister of Justice and Correctional Services[2022] ZACC 39 · [Parole] — [life imprisonment sentence] — [rationality] — [sentencing remarks] [nature and seriousness of the crime] — [Correctional Service... Constitutional Court
3 Oct 2022 Classen & Another v The State[2022] ZASCA 130 · Criminal Law and Procedure – hearsay evidence – s 3(1)(c) of Law of Evidence Amendment Act of 1988 – admissibility, assessment and probative... Supreme Court of Appeal
26 Sep 2022 Solomons v The State[2022] ZASCA 124 · Criminal Law and Procedure – murder – inter-partner violence – domestic violence – sentence – years’ imprisonment, years of which is suspend... Supreme Court of Appeal
26 Sep 2022 Nhlapo v The State[2022] ZASCA 125 · Criminal law and procedure – sentence in excess of the prescribed minimum for robbery – whether effective sentence of years’ imprisonment fo... Supreme Court of Appeal
22 Aug 2022 Qurashi and Others v The State[2022] ZASCA 118 · Criminal law and procedure – admission of evidence pursuant to search and seizure allegedly in violation of constitutional right to privacy... Supreme Court of Appeal
16 Aug 2022 Benedict Moagi Peloeole v The Director of Public Prosecutions, Gauteng[2022] ZASCA 117 · Criminal law and procedure – appeal and cross-appeal on sentence – appellant convicted on two counts of murder – whether the murders were pr... Supreme Court of Appeal
15 Jul 2022 ICM v The State[2022] ZASCA 108 · Criminal law and procedure – evidence – sexual assault and rape of child complainant in terms of the Criminal Law (Sexual Offences and Relat... Supreme Court of Appeal
15 Jul 2022 Maree v The State[2022] ZASCA 112 · Appeal against refusal by high court to grant leave to appeal – against conviction and sentence by magistrate’s court – Supreme Court of App... Supreme Court of Appeal
2 Jun 2022 Lebogang Peter Mashilo v The State[2022] ZASCA 81 · Application in terms of s 17(2)(f) of the Superior Courts Act of 2013 – referred by the President of the Supreme Court of Appeal to a full c... Supreme Court of Appeal
31 May 2022 Tuta v The State[2022] ZACC 19 Constitutional Court
22 Apr 2022 Mirchandani v Unica Iron & Steel (Pty) Ltd and Unica Iron & Steel (Pty) Ltd v Mirchandani (Case no 802/2020 & 813/2020)[2022] ZASCA 58 · Damages – breach of profit share agreement and lease agreements – claim for payment of utilities and bond charges erroneously debited in app... Supreme Court of Appeal
20 Apr 2022 David Papiki Komane v The State[2022] ZASCA 55 · Criminal law – evidence – what constitutes sufficiency of circumstantial evidence – conviction based on circumstantial evidence well- founde... Supreme Court of Appeal
30 Dec 2021 Desta Abore v Minister of Home Affairs and Another[2021] ZACC 50 · Refugees Act 130 of 1998 — applicability of provisions of the Refugees Amendment Act 11 of 2017 — date of intention to apply for asylum — pr... Constitutional Court
10 Dec 2021 DPP, Pretoria v Zulu[2021] ZASCA 174 · Sentence – Appeal by the State in terms of s 311(1) of the Criminal Procedure Act 105 of 1977 – whether the issue raised is a question of la... Supreme Court of Appeal
3 Dec 2021 Nongogo v The State[2021] ZASCA 166 · Criminal law and procedure – conviction of murder and conspiracy to commit murder – whether the court a quo erred in convicting the appellan... Supreme Court of Appeal
17 Sep 2021 Jacob Gedleyihlekisa Zuma v Secretary of the Judicial Commission of Inquiry into Allegations of State Capture & Others [Rescission Application][2021] ZACC 28 · Rescission — urgent application — direct access — rule 42 of the Uniform Rules of Court and common law of rescission Res judicata — functus... Constitutional Court
29 Jun 2021 Secretary of the Judicial Commission of inquiry into Allegation of State Capture, Corruption and Fraud In the Public Sector Including Organ of State v Jacob Gedleyihlekisa Zuma[2021] ZACC 18 · Rule of law — judicial integrity — vindicating the honour of courts Contempt of court — urgent application — direct access — duty to comply... Constitutional Court
21 May 2021 Senwedi v The State[2021] ZACC 12 · Criminal Procedure Act 51 of 1977 — Section 276B — non-retrospectivity of non-parole periods in terms of section 276B — non-applicability of... Constitutional Court
5 May 2021 Rajivee Soni v The State (Case no 4652019)[2021] ZASCA 57 · Criminal appeal – appeal against conviction and sentence – whether pattern of evidence proved guilt of the accused beyond a reasonable doubt... Supreme Court of Appeal
14 Apr 2021 JE Mahlangu and Another v The Minister of Police[2021] ZACC 10 · Delict — Judicial detention — damages — inadmissible confession induced by assault extracted by police from accused person — liability of th... Constitutional Court
27 Nov 2020 Doorewaard and Another v The State[2020] ZASCA 155 · Mutually destructive versions – evidence of a single witness – corroboration of evidence of a single witness – duty to call important witnes... Supreme Court of Appeal
16 Sep 2020 Ramabele v The State; Msimango v The State[2020] ZACC 22 · Fair trial rights — postponement for legal representation of choice — judicial bias — unreasonable delays — section 342A of the Criminal Pro... Constitutional Court
17 Jun 2020 Van der Walt v S[2020] ZACC 19 · Law of contract — public policy grounds upon which a court may refuse to enforce contractual terms — the proper role of fairness, reasonable... Constitutional Court
20 Mar 2020 Maswanganyi v Minister of Defence and Military Veterans and Others[2020] ZACC 4 · Termination of employment by the South African National Defence Force — ex lege (by operation of law) — pursuant to section 59(1)(d) of the... Constitutional Court
11 Dec 2019 Tshabalala v S (Commissioner for Gender Equality and Centre for Applied Legal Studies as Amici Curiae); Ntuli v S[2019] ZACC 48 · Common law rape — Doctrine of common purpose — instrumentality Constitutional Court
17 May 2019 Shipalana v S[2019] ZACC 20 · Application for leave to appeal — sentence and conviction — common purpose — interests of justice Constitutional Court
3 May 2019 Phaahla v Minister of Justice and Correctional Services Another (Tlhakanye Intervening)[2019] ZACC 18 · Section 136(1) of the Correctional Services Act 111 of 1998 declared invalid — parole eligibility is part of punishment — section 35(3)(n) o... Constitutional Court
3 May 2019 Makhokha v S[2019] ZACC 19 Constitutional Court
16 Apr 2019 Buffalo City Metropolitan Municipality v Asla Construction (Pty) Limited[2019] ZACC 15 · Legality review — unreasonable delay — overlooking delay — section 172 of the Constitution — Gijima Constitutional Court
14 Feb 2019 Jacobs and Others v S[2019] ZACC 4 · [Appeal from the Full Court] — [The doctrine of common purpose] — [jurisdiction] — [whether matter consists of a constitutional principle] [... Constitutional Court
11 Dec 2018 - Haarhoff & another v Director of Public Prosecutions, Eastern Cape[2018] ZASCA 184 Supreme Court of Appeal
28 Sep 2018 Gavrić v Refugee Status Determination Officer Cape Town and Others (People Against Suppression Suffering Oppression and Poverty as Amicus Curiae)[2018] ZACC 38 · Section 4 of the Refugees Act— Exclusion — Internal remedies — Unfounded application Section 4(1)(b) of the Refugees Act — Non-political cri... Constitutional Court
28 Sep 2018 - Khoza & another v The State[2018] ZASCA 133 Supreme Court of Appeal
27 Sep 2018 Thwala v S[2018] ZACC 34 · Section 35(3)(o) of the Constitution — right to a fair trial — Res Judicata Constitutional Court

A judgment is listed here when the court's own summary or its title uses the term; it is a finding aid, not a headnote. All topics.