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South Africa Case Law

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Criminal Law [2021] ZAECGHC 49

S v Lewies - review (82/2021)

S v Lewies - review (82/2021) [2021] ZAECGHC 49 (28 April 2021)

On automatic review, the High Court set aside a suspended fine for a child offender and substituted a caution and discharge, citing poverty and sentencing principles.

  • Child Justice Act
  • Sentencing Of Children
  • Caution And Discharge
  • Ability To Pay Fine
  • Child-justice-act
  • Sentencing-of-children
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Criminal Law [2016] ZAGPPHC 1005

S v Khumalo (A804/16)

S v Khumalo (A804/16) [2016] ZAGPPHC 1005 (24 November 2016)

On special review, the High Court confirmed a conviction and sentence for theft, despite concerns that the magistrate did not properly probe the accused’s ability to pay a fine.

  • Sentencing Procedure
  • Ability To Pay Fine
  • Review Powers
  • Fair Trial Rights
  • Sentencing-procedure
  • Ability-to-pay-fine
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Criminal Law [2013] ZAECGHC 64

S v Demele (CA&R 153/2013)

S v Demele (CA&R 153/2013) [2013] ZAECGHC 64 (5 June 2013)

High Court review of a magistrate’s sentence for housebreaking and theft. The court found the fine inappropriate in light of the accused’s means and substituted a wholly suspended sentence.

  • Sentencing Principles
  • Housebreaking With Intent To Steal
  • Suspended Sentence
  • Ability To Pay Fine
  • Criminal-sentencing
  • Fine-ability-to-pay
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Criminal Law [2011] ZAFSHC 171

S v Mahlomola (716/2011)

S v Mahlomola (716/2011) [2011] ZAFSHC 171 (3 November 2011)

The High Court confirmed the conviction for dealing in dagga but found the original fine shockingly inappropriate, substituting a lower fine and suspended imprisonment.

  • Sentencing Principles
  • Ability To Pay Fine
  • Mitigation Of Sentence
  • Contravention Of Drugs And Drug Trafficking Act
  • Sentencing
  • Ability-to-pay-fine
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Criminal Law [2002] ZAWCHC 32

S v Wildeman (20021592)

S v Wildeman (20021592) [2002] ZAWCHC 32 (14 June 2002)

On automatic review, the court confirmed a theft conviction but found the sentence too severe for a 19-year-old first offender with limited means.

  • Sentencing Principles
  • First Offender
  • Proportionality Of Sentence
  • Ability To Pay Fine
  • Criminal-law
  • Sentencing
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Criminal Law [2002] ZAWCHC 6

S v Gqobozo (P1272/2002)

S v Gqobozo (P1272/2002) [2002] ZAWCHC 6; 2005 (1) SACR 589 (C) (17 February 2002)

On review, the High Court confirmed a theft conviction but set aside a fine imposed without proof of value or proper inquiry into the accused’s means.

  • Theft
  • Sentencing Irregularity
  • Value Of Stolen Goods
  • Ability To Pay Fine
  • Sentencing
  • Fine-ability-to-pay
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Criminal Law [2001] ZANWHC 50

S v Setatampe (113/01)

S v Setatampe (113/01) [2001] ZANWHC 50 (15 November 2001)

High Court review of a sentence for assault with intent to do grievous bodily harm. The court found the fine excessive, confirmed conviction, and substituted a lower suspended sentence.

  • Sentencing Principles
  • Assault With Intent To Do Grievous Bodily Harm
  • Ability To Pay Fine
  • Sentencing-principles
  • Assault-with-intent-to-do-grievous-bodily-harm
  • Ability-to-pay-fine
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.