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Citation
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Judgment date
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| January 2020 |
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Two accused convicted as co-perpetrators of an aggravated robbery-murder; both sentenced to life imprisonment.
Criminal law — Murder with actual intent (s47(1)(a)) — Joint enterprise/co-perpetration (s196A) — Admissibility of confirmed warned and cautioned statement (s256(2)) — Alibi assessed against call records and recovered property — Aggravated murder during robbery — Life imprisonment.
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31 January 2020 |
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Accused convicted of murder for repeatedly striking victim’s head with pick-handle; self-defence rejected; sentenced to 20 years.
Criminal law – Murder – Blunt force trauma to the head – Actual intent established by targeting a vulnerable part – Self-defence rejected; corroboration by post‑mortem and witness evidence – Sentence imposed 20 years imprisonment.
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29 January 2020 |
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Municipal cancellation of a sale was set aside for lack of fair hearing and absence of proven grounds; agreement declared valid.
Administrative law – municipal contract cancellation – failure to afford hearing (audi alteram partem) – alleged fraud unproven – joinder not required where developer seeks payment only – punitive costs against public entity.
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27 January 2020 |
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Eviction application dismissed as premature where competing allocation documents and pending Administrative Court proceedings remain unresolved.
Eviction — competing allocation/occupation documents — administrative review and jurisdiction — prematurity of ejectment pending Administrative Court proceedings — interlocutory relief and interdict restraining execution.
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27 January 2020 |
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No causal link between the accused's assault and fatal head injuries; acquitted of murder, convicted of assault.
Criminal law – Murder – causation and intervening events – medical evidence excluding assault as cause of death – intention to kill – assault conviction – suspended sentence.
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23 January 2020 |
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Appeal dismissed: accomplice warning unnecessary; circumstantial evidence sufficient; no special circumstances to avoid mandatory sentence.
Criminal law – Theft of telecommunications cable; accomplice witness – warning not required where witness is not an accomplice; circumstantial evidence – sufficiency and reasonable inference; search and seizure – ground abandoned on appeal; sentencing – mandatory statutory sentence and special circumstances.
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22 January 2020 |
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Brief forcible detention and attempted confinement of a child constituted kidnapping; conviction and custodial sentence upheld.
Criminal law – kidnapping/unlawful detention (s 93(1)(b)) – de minimis principle inapplicable to brief forcible detention of a child – payment of fine at police not a bar (autrefois convict) – intoxication mitigatory not exculpatory – appellate review of sentence; custodial sentence appropriate.
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22 January 2020 |