Most Recent Judgments

Criminal Procedure ― Sentence ― Factors taken into account ― Murder committed in domestic relationship ― Accused stabbed the ex-girlfriend 11 times ― Aggravating factors in sentencing balanced with personal circumstances —The manner in which the crime was committed-aggravating — Calls for custodial sentence.

Practice – Interpleader proceedings – Court held that where a successful party pursuant to execution of a judgment in his or her favour causes goods in possession of the other party to be attached in execution and a third party claims ownership of the attached goods that third party bears the unshifting onus to prove his or her claim – On the basis that third party is the claimant and upon the presumption of ownership flowing from possession – Court finding that second claimant (the third party) has failed to place before the court sufficient and satisfactory evidence to prove ownership of the attached goods – Consequently, second respondent’s claim failed.

Civil procedure – final interdict which is mandatory in nature – requirements – doctrine of separation of powers – propriety of the court granting relief sought when the Minister of Home Affairs and Immigration has not been presented with an application and has not made a decision on the application in question – Costs – the Biowatch principle applied.

Criminal Procedure – Sentence – Murder - Assault with intent to do grievous bodily harm; common assault, read with the Combating of Domestic Violence Act 4 of 2003 – Escape from lawful custody – Objectives of sentencing – Personal circumstances – First offender – Proclaimed remorse by tendering a guilty plea – Accused testified in mitigation – Remorse by tendering a guilty plea found not genuine – Alleged drunkenness as a mitigating factor for purposes of sentencing – Interests of society – Crimes committed within a domestic setting call for deterrent sentences – Principle of individualisation when punishment is meted out – Accused murdered his 10 month old son – Taking a life of an innoc