The State v Nqobile Ncube

The judgment cites this case for the direction that grounds of appeal must be clear and specific as to what exactly is being attacked in the magistrate's…

Court applies this case to illustrate that grounds of appeal must be clearly and specifically set out, and that vague assertions such as 'the learned…

Cited as authority for the practice of courts to treat women first offenders more leniently than their male counterparts.

Cited in Practice Direction 3 of 2013 for the effect of an order that a matter is struck off the roll, meaning the matter is no longer before the court.

Cited for the proposition that if a court issues an order that a matter is struck off the roll, the effect is that such a matter is no longer before the court.

Court applies this authority for the effect of an order striking a matter off the roll, namely that the matter is no longer before the court.

Cited for the principle that a court should not accept mere allegations without inquiry when determining bail applications.

Cited by applicant in support of the application for bail.

Court follows the principle that when a court issues an order that a matter is struck off the roll, such a matter is no longer before the court.

The court follows the principle that the nature of the charge and severity of punishment cannot alone be grounds for refusing bail but must be weighed with…

Applied to hold that vague and general grounds of appeal such as 'conviction is against the weight of evidence' do not comply with the rules and render the…

Court cited case where a 38 year old man who fondled a 3 year old girl's breasts received 15 months imprisonment, which was held to be lenient, and that 3-4…

Court applies the principle that the question is not whether the accused may interfere with witnesses but rather whether he will interfere with witnesses.

Cited in support of the proposition that a matter struck off the roll cannot be enrolled without a court order.

Court follows the principle that when a matter is struck off the roll, it is no longer before the Court and applies the principle deploring vague and…

Cited by the State counsel to support submission for a custodial sentence in the region of 3 to 4 years effective imprisonment for culpable homicide arising…

Cited in Practice Directive 3/13 for the effect that if a matter is struck off the roll, it is no longer before the court.

Cited as an example where the accused struck the deceased on the head once with a log, causing subarachnoid haemorrhage and depressed skull fracture, and was…

Court applies the principle from S v Ncube that while evidence of child witnesses must be approached with caution, such caution must be creative or proactive,…

Distinguished on the facts, as that case involved a father killing his daughter's boyfriend found in his house without rape, whereas this case involved a…

The court applied the principle that the aberratio ictus rule had been discarded in cases involving the infliction of harm on an unintended victim and that the…

Distinguished on facts and circumstances; the sentence imposed in that case held to be inappropriate in the present case.

The court followed this case in abandoning the transferred malice approach and adopting the principle that where there is aberratio ictus and the accused…

The court cites this case for the principle that emotional stress in marriages should be taken into consideration in dealing with cases related to domestic…

Applied to illustrate that an accused may be found not guilty of murder in an aberratio ictus situation where the accused intended to stab one person but a…

The court applies the test from this case on whether it was the accused's unwavering intention to bring about the deceased's demise.

Cited as a sentencing guideline where a prolonged attack on a young girl with fists resulted in laceration and loss of tooth and 6 months imprisonment with two…

Court cites this case as an example of the difficulty in extracting precise sentencing principles from various cases.

Cited as an example of sentencing trends where an effective sentence of 8 years imprisonment was imposed for two counts of rape of a 12 year old.

Applied to show that a vague ground of appeal not clearly and specifically setting out the ground is unacceptable under rule 22(1) of the Supreme Court…

Cited for the principle that the Magistrates' Court can only exercise powers and jurisdiction within the confines of the laws which establish that court,…

Cited as precedent showing that unprovoked and prolonged attack on young girl with fists warranted six months imprisonment with two months conditionally…

Cited as authority for returning a verdict of guilty to culpable homicide in similar circumstances where a parent caused the death of a child during…

Cited as an example of a case where provocation was successfully pleaded by a woman who stabbed to death a woman who had been committing adultery with her…

The court follows the principle that in the absence of any medical reports, the magistrate was wrong in convicting the accused of assault with intent to do…

The court applies the sentiments expressed in this case regarding the sentencing of juvenile offenders, emphasizing that child offenders should be treated as a…

Cited for the general rule of Roman-Dutch law that provocation may cause a person to lose control over his faculties and become incapable of forming specific…

Cited for the principle that whenever possible, particularly where a fine is permissible, a fine should be considered before imprisonment and first offenders…

Followed for the principle that a magistrate's sentencing jurisdiction cannot be extended by a mandatory minimum sentence and the proper course is to remit the…

Cited for the principle that lack of compliance with the rules regarding grounds of appeal may result in the court regarding such notice and grounds of appeal…