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Citation
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Judgment date
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| December 2007 |
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Appellant's rape conviction quashed where identity unproven due to discrepancies, delay, and lack of corroboration.
Criminal law – Rape – Identity of offender; Necessity of corroboration and caution with child witnesses; Identification parade and early description to third parties; Delay in arrest and failure to call investigating/arresting officers; Conviction unsafe – appeal allowed.
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14 December 2007 |
| November 2007 |
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Conviction quashed due to unreliable identification evidence and serious procedural irregularities, including conviction of a deceased accused.
Criminal procedure – irregular trial record – failure to record presence/absence and to acknowledge death of accused – conviction unsafe
Evidence – identification of stolen property – lack of distinctive marks renders identification unreliable
Admissibility – cautioned statement of deceased person – improper reliance on hearsay
Remedy – convictions quashed and sentence set aside where proceedings and evidence are defective
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26 November 2007 |
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The appellant’s rape conviction was quashed for misdirection and failure of prosecution to prove guilt beyond reasonable doubt.
Criminal law – Rape – proof beyond reasonable doubt; defective particulars and variance between charge and evidence; failure to consider medical evidence (PF3) showing injuries to co-accused; trial court misdirection by shifting burden of proof; unresolved doubts to be resolved in favour of accused.
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20 November 2007 |
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Absentee s.34B statements and uncorroborated accomplice confession insufficient to sustain convictions.
Evidence — s.34B Evidence Act — cumulative conditions for admission of absent witness statements; cautioned statements — repudiation and torture allegations; accomplice/confession — need for independent corroboration; identification of stolen property — requirement of complainant's evidence; prosecutorial/procedural defects — effect on safety of conviction.
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19 November 2007 |
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Appeal against attempted rape conviction dismissed; trial court credibility findings and evidence deemed sufficient.
Criminal law – Sexual offences – Attempted rape – Sufficiency of complainant and eyewitness evidence; corroboration not required where eyewitness observed act and medical evidence supports account
Evidence – Credibility – Trial court findings on credibility binding on appeal absent compelling reasons
Evidence – Non-production of potential witness (complainant's husband) – omission not fatal where such testimony would be hearsay and of little value
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19 November 2007 |
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Appellate court upheld attempted rape conviction, finding eyewitness and medical evidence credible and failure to summon husband not fatal.
Criminal law – Attempted rape – Eyewitness identification in broad daylight; corroboration by medical PF3; non-production of complainant’s husband; appellate deference to trial court credibility findings.
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19 November 2007 |
| October 2007 |
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Conviction for robbery with violence quashed where hearsay and weak circumstantial evidence failed to prove guilt beyond reasonable doubt.
Criminal law – robbery with violence – insufficiency of proof; hearsay – statements about recovery of stolen property inadmissible where declarants not called; circumstantial evidence – migration and recovery of item insufficient to establish participation without proof of exclusive possession or direct link.
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31 October 2007 |
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Rape conviction quashed where PF.3 missing and prosecution failed to call corroborative witnesses.
Criminal law — Rape — Corroboration; Missing PF.3/medical report; Failure to call corroborative witnesses; Conviction unsafe — quashed on appeal.
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31 October 2007 |
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Convictions quashed where trial court relied on extraneous untendered material and failed to determine admissibility of cautioned statements.
Criminal procedure – confessions and cautioned statements – admissibility – necessity of inquiry/trial‑within‑trial into voluntariness; inadmissibility of relying on extraneous or untendered evidence; cautioned statements in question‑and‑answer form not per se inadmissible.
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30 October 2007 |
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District Court rightly re-characterised a contractual dispute as cheating; retrial ordered and appeal dismissed.
Criminal law – Cheating (s.304 Penal Code) – Re-characterisation of offence on appeal – Distinction between contractual dispute and criminal cheating – Weight of corroborated witness evidence and inconsistent accused statements affecting credibility.
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25 October 2007 |
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Visual identification under adequate lighting and witness familiarity upheld robbery convictions; appeal dismissed.
Criminal law — Robbery; Visual identification — Sufficiency and reliability; Requirements: lighting, observation circumstances, detailed description; Weight of concurrent findings of trial and appellate courts.
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22 October 2007 |
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22 October 2007 |
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Nighttime visual identification by torchlight and unexplained arrest delay rendered the appellant's conviction unsafe.
Criminal law – Identification evidence – Visual identification at night under torchlight – reliability and risks of mistaken identity. Criminal procedure – Delay in arrest – unexplained delay undermining prosecution’s case
Evidence – Witness discrepancies and contradictions affecting safety of conviction
Appeal – Quashing conviction where identification and material evidence are unsafe
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22 October 2007 |
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The applicant's conviction was quashed for unreliable night-time visual identification and an unexplained delay in arrest.
Criminal law – visual identification – night-time identification using torchlight – reliability and risk of mistaken identity Criminal procedure – unexplained delay in arrest – effect on credibility of prosecution case Evidence – material discrepancies between prosecution witnesses – undermining conviction Joint trial – conviction in absence of co-accused – extension of appellate revision to fugitive co-accused
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18 October 2007 |
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Daylight identification, corroborative bite-mark and unrebutted alibi supported attempted rape conviction; appeal dismissed.
Criminal law Attempted rape; identification and proof in daylight; corroboration by independent witness and physical marks; rejection of unsupported alibi; appellate deference to trial credibility findings.
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17 October 2007 |
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Legally indefensible defamatory campaign statements can vitiate an election when they are poisonous to free and fair campaigning.
Election law – election petition – defamatory campaign statements as ground to void election; counting irregularities (Form No. 21B) proven but not shown to affect result; proof required to link violent incident to respondent; constitutional duty and precedent permitting challenges on grounds beyond expressly enumerated statutory items where free and fair elections are affected.
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12 October 2007 |
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Elections - Election Petitions - Nullification of Elections Elections - Election Offences - Defamatory Statements
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10 October 2007 |
| August 2007 |
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Equivocal plea and lack of proof of knowledge invalidated conviction for receiving stolen property; conviction quashed.
Criminal procedure – plea of guilty – equivocal plea and requirement that detailed facts establish all elements of the offence; cautioned statement – must be read and formed part of facts before accepting plea; receiving stolen property – necessity to prove knowledge; improper procedure may vitiate conviction.
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15 August 2007 |
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An equivocal plea and procedural defects led to quashing the conviction and setting aside the sentence.
Criminal procedure — plea of guilty — requirement to read detailed facts to accused — equivocal plea; Receiving stolen property — essential element: knowledge; Admissibility and effect of cautioned statement — must be properly read/relied upon; Sentence jurisdiction — sentence beyond magistrate's authority requires confirmation.
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15 August 2007 |
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Conviction for housebreaking and theft quashed for failure to prove ownership or identify stolen property with distinctive marks.
Criminal law – housebreaking and theft – proof of ownership and identification of stolen property – necessity for describing items by distinctive marks – insufficiency of evidence warrants quashing conviction.
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13 August 2007 |
| July 2007 |
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Conviction quashed where identification was unreliable (vague descriptions, no identification parade).
Criminal law – robbery with violence – identification evidence – dock/technical identification by witnesses not previously known to accused – adequacy and reliability. Criminal procedure – absence of identification parade – effect on safety of conviction
Appeals – appeal admitted out of time after being mistakenly struck out; merits considered
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27 July 2007 |
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A retracted guilty plea asserting a defence must be treated as not guilty and heard at a full trial.
Criminal procedure – Pleas – Effect of retracted plea of guilty – Retraction asserting a defence should be recorded as not guilty and heard at full trial. Fair hearing – Right of the prosecution to adduce evidence – Acquittal entered after retraction deprives prosecution of opportunity to present case
Appeal – Setting aside acquittal – Reopening proceedings before another magistrate
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23 July 2007 |
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A retracted guilty plea raising a defence must be treated as not guilty and a full trial allowed.
Criminal procedure – Pleas – Retraction of guilty plea; where accused raises a defence (e.g., produces licence), court should record a plea of not guilty and hold full trial; prosecution’s right to present evidence; improper acquittal to be set aside and proceedings reopened.
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23 July 2007 |
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Conviction quashed where charge suffered misjoinder and inadequate particulars and prosecution failed to establish a prima facie case.
Criminal law – Stealing by servant – Defective charge: misjoinder and insufficient particulars – Sections 132 and 133 Criminal Procedure Act – Incurable defect – Insufficient prosecution evidence/absence of prima facie case – Conviction quashed, sentence set aside.
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12 July 2007 |
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Conviction quashed where charge sheet suffered misjoinder and lacked particulars and prosecution failed to prove a prima facie case.
Criminal procedure – charge sheet – misjoinder of offences and insufficient particulars – sections 132 and 133 Criminal Procedure Act – inadequate investigation and failure to call key witnesses – insufficiency of prosecution evidence – conviction quashed.
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12 July 2007 |
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Convictions quashed where cautioned statement and agricultural report were improperly admitted and burden was wrongly shifted.
Criminal procedure – burden of proof – prosecution must prove guilt; accused need only raise reasonable doubt; Duty to call all preliminary hearing witnesses – no automatic requirement; Cautioned statements – subordinate courts should conduct trial-within-a-trial when voluntariness is disputed; Question-and-answer records amount to interview (s.57), not cautioned statement (s.58); Hearsay – expert/opinion reports must be given by the maker to be admissible.
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12 July 2007 |
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Conviction overturned where trial relied on conjecture, unproven confession and insufficient identification of stolen goods.
Criminal law – shop breaking and stealing; recent possession doctrine – requires recent custody and proof recovered items are same as stolen; confession evidence – must be properly proved/recorded; appellate review – trial finding must rest on evidence not conjecture.
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2 July 2007 |
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Rape conviction quashed due to inconsistent prosecution evidence and unreliable, unrecorded confessions.
Criminal law – Rape of a minor – Voir dire of child witness – Confession evidence – Voluntariness and proof – Section 57(1) Criminal Procedure Act: requirement to record police interviews – Inconsistencies and delays in prosecution evidence – Benefit of doubt – Conviction unsafe.
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2 July 2007 |
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Unrecorded/confessional statements and inconsistent witness accounts created reasonable doubt, leading to appellant's release.
Criminal law – Rape of a child – Competency of child witness – voir dire properly conducted
Evidence – Confession – voluntariness – prosecution must prove absence of inducement; unproved confession unreliable
Criminal Procedure Act s.57(1) – duty to record police interviews; failure to record undermines reliance on alleged police confession
Evidence – inconsistencies and delay in prosecution witnesses – may give rise to reasonable doubt. Right to interpreter – no evidence appellant requested interpreter; complaint unsupported
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2 July 2007 |
| May 2007 |
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Appellate court wrongly upheld alibi; trial court eyewitness identification in daylight was reliable and conviction restored.
Criminal law – Assault causing actual bodily harm; Appeal – evaluation of alibi and eyewitness identification; Evidence Act s.62(1)(a) – direct oral evidence; Identification in daylight and acquaintance – reliability; Appellate interference – miscarriage of justice.
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31 May 2007 |
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Threats alone do not sustain an arson conviction; conviction quashed for lack of proof beyond reasonable doubt.
Criminal law – Arson – Conviction based on threats and suspicion – Whether threats alone can sustain a conviction
Evidence – Standard of proof – Necessity for tangible or corroborative evidence beyond threats to establish guilt beyond reasonable doubt. Criminal procedure – Duty of magistrates to forward files for sentence confirmation promptly
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28 May 2007 |
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Appellate court quashed conviction where contradictions about locus and uncorroborated evidence defeated proof beyond reasonable doubt.
Criminal law – proof beyond reasonable doubt; material contradictions between oral evidence and documentary exhibit; jurisdictional consequence of locus disagreement; admissibility of relatives' testimony; accused's right to call witnesses; trial court's discretion in evaluating confession.
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24 May 2007 |
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Conviction overturned where prosecution failed to prove identity or properly link the appellant to the robbery.
Criminal law – Robbery with violence – Identification – Whether identity of accused established beyond reasonable doubt
Evidence – Failure to call recording officer and produce recorded statement – admissibility and reliability of interpreter’s testimony
Evidence – Chain of custody and forensic testing of severed body part – necessity to link property/person to accused. Trial irregularities – reliance on unsupported inferences and extraneous material – safety of conviction
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7 May 2007 |
| April 2007 |
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An interlocutory ruling admitting a substituted charge is not appealable under amended section 359(3).
Criminal Procedure – Appealability – effect of Miscellaneous Amendments Act No.25 of 2002 adding s.359(3): no appeal lies against preliminary or interlocutory decisions unless they finally determine the charge; Criminal Procedure – Preliminary objection to substituted charge – requirement of certificates under s.225(4)(a)-(c) where time has expired; Jurisdiction – High Court cannot entertain appeals against interlocutory subordinate court rulings that do not finally determine the charge.
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4 April 2007 |
| March 2007 |
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Conviction for rape quashed where night-time visual identification and uncorroborated hearsay rendered identification unsafe.
Criminal law – Rape – Identification evidence – Visual identification at night from inside a dark bedroom; moonlight insufficient to guarantee reliability
Evidence – Need for corroboration where conditions of identification are not ideal; conviction should not rest solely on uncorroborated visual ID
Evidence – Hearsay and admissions – statements involving a third party (street chairman) amounted to hearsay where the third party was not called. Burden of proof – Prosecution must prove guilt beyond reasonable doubt; gaps about entry to the house and possibility of consent/prearrangement undermined the prosecution case
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29 March 2007 |
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Where violence is not shown to be to obtain property, robbery conviction cannot stand; substitution to assault occasioning actual bodily harm permissible.
Criminal law – Robbery with violence – requirement that violence be used with intent to obtain or retain stolen property – absence of such intent defeats robbery charge. Criminal procedure – Substituted conviction – court may substitute a minor offence where proved facts reduce charged offence to a lesser offence (s.300(1) CPA and authorities). Offence substituted – Assault occasioning actual bodily harm (s.241 Penal Code)
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5 March 2007 |
| February 2007 |
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Where violence is not shown to further a theft, robbery conviction may be reduced to assault occasioning actual bodily harm.
Criminal law – robbery with violence – requirement that violence be used to obtain or retain stolen property – proof of mens rea and nexus between violence and theft. Criminal procedure – substitution of conviction – section 300(2) Criminal Procedure Act – substituted conviction permitted where facts reduce charged offence to a minor offence (not necessarily strictly cognate)
Offences – assault occasioning actual bodily harm (s.241 Penal Code) as appropriate substituted conviction when actual bodily harm is proved
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28 February 2007 |