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South Africa Case Law

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Criminal Law [1989] ZASCA 44

S v Sauer (81/87)

S v Sauer (81/87) [1989] ZASCA 44 (31 March 1989)

The appeal against Sauer’s murder conviction failed, but the Supreme Court reduced her sentence from ten years to five years after finding the original term too severe.

  • Murder With Extenuating Circumstances
  • Provocation
  • Sentencing Discretion
  • Emotional Stress
  • Accidental Shooting
  • Murder-with-extenuating-circumstances
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Criminal Law [1985] ZASCA 84

S v Cele (497/1984)

S v Cele (497/1984) [1985] ZASCA 84 (16 September 1985)

The court held that the trial judge was correct in admitting only the relevant portions of the documents and excluding irrelevant and potentially prejudicial material from the assessors. The appellant's explanation of accidental discharge was rejected as implausible, given the position of the firearm and the evidence that the appellant cocked the pistol, indicating intent to fire. The trial court's finding that there were no extenuating circumstances was upheld, and the appeal against conviction and sentence was dismissed.

  • Admissibility Of Evidence
  • Murder
  • Extenuating Circumstances
  • Accidental Shooting
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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.