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South Africa Case Law

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Criminal Law [2025] ZAECMHC 60

S v Mgqobozi (Sentence) (CC33/2017)

S v Mgqobozi (Sentence) (CC33/2017) [2025] ZAECMHC 60 (25 June 2025)

High Court sentencing for kidnapping, rape, murders and aggravated robbery. The court imposed life sentences for the murder and rape counts plus ancillary protective orders.

  • Minimum Sentencing
  • Rape
  • Murder
  • Kidnapping
  • Aggravated Robbery
  • Child Protection
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Criminal Law [2024] ZAGPPHC 219

S v Chauke (Sentence) (CC46/2023)

S v Chauke (Sentence) (CC46/2023) [2024] ZAGPPHC 219 (11 March 2024)

The High Court imposed three life terms and 226 years’ imprisonment for murder, gang rape, robbery, kidnapping, firearms offences, escape, and immigration contraventions.

  • Minimum Sentences Act
  • Aggravated Robbery
  • Rape
  • Murder
  • Sentencing Guidelines
  • Victim Impact Statements
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Criminal Law [2022] ZAECMHC 22

S v Makhanda (CC29/2021)

S v Makhanda (CC29/2021) [2022] ZAECMHC 22 (12 August 2022)

Sentencing judgment imposing life imprisonment for three murders committed after an aggravated robbery, plus additional prison terms for robbery and firearm offences.

  • Minimum Sentences Act
  • Aggravated Robbery
  • Murder
  • Unlawful Possession Of Firearm
  • Unlawful Possession Of Ammunition
  • Minimum-sentences-act
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Criminal Law [2022] ZAGPPHC 326

Kamhuka and Another v S (A243/2019)

Kamhuka and Another v S (A243/2019) [2022] ZAGPPHC 326 (13 May 2022)

Appeal dismissed in a robbery with aggravating circumstances case. The court upheld the convictions and 15-year sentences, finding the evidence reliable and the sentence justified.

  • Aggravated Robbery
  • Common Purpose
  • Circumstantial Evidence
  • Sentencing Guidelines
  • Aggravated-robbery
  • Common-purpose
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Criminal Law [2021] ZAGPJHC 752

Hlongwane v S (A65/2020)

Hlongwane v S (A65/2020) [2021] ZAGPJHC 752 (30 November 2021)

Sentence appeal dismissed where the court found no basis to interfere with minimum sentences for aggravated robbery, firearm possession and attempted murder.

  • Minimum Sentences Act
  • Aggravated Robbery
  • Unlawful Possession Of Firearm
  • Attempted Murder
  • Sentencing Principles
  • Appeal Procedure
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Criminal Law [2019] ZAGPPHC 506

S v Mothapo (CC44/2019)

S v Mothapo (CC44/2019) [2019] ZAGPPHC 506 (1 August 2019)

High Court sentencing judgment for robbery and rape. The court found no substantial and compelling circumstances and imposed minimum sentences plus firearm unfitness.

  • Minimum Sentences Act
  • Aggravated Robbery
  • Rape
  • Sentencing Principles
  • Substantial And Compelling Circumstances
  • Sentencing
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Criminal Law [2018] ZAGPJHC 457

Simelane v S (A268/2017)

Simelane v S (A268/2017) [2018] ZAGPJHC 457 (22 February 2018)

The High Court dismissed a sentence appeal in a multiple-rape and robbery case, confirming life imprisonment and 15 years, with the sentences to run concurrently.

  • Minimum Sentences
  • Rape
  • Aggravated Robbery
  • Concurrent Sentences
  • Victim Impact
  • Sentencing Discretion
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Criminal Law [2017] ZAGPJHC 476

Makhanya v S (A85/2017)

Makhanya v S (A85/2017) [2017] ZAGPJHC 476 (18 September 2017)

The High Court dismissed an appeal against sentence for robbery with aggravating circumstances and murder, holding that the 33-year effective term was not shockingly inappropriate.

  • Sentencing Discretion
  • Mandatory Minimum Sentences
  • Aggravated Robbery
  • Murder
  • Dolus Eventualis
  • Criminal-sentencing
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Criminal Law [2014] ZAGPJHC 416

Radebe v S (A398/2013)

Radebe v S (A398/2013) [2014] ZAGPJHC 416 (16 May 2014)

An appeal against sentence for aggravated robbery succeeded, with the High Court reducing an eighteen-year term to the fifteen-year statutory minimum.

  • Sentencing Discretion
  • Minimum Sentences
  • Aggravated Robbery
  • Mitigating Factors
  • Criminal-law
  • Sentencing
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Criminal Law [2013] ZAFSHC 94

Tshabalala v S (A187/2012)

Tshabalala v S (A187/2012) [2013] ZAFSHC 94 (20 May 2013)

The appeal court found no misdirection in the trial court's factual findings or evaluation of evidence. The identification by the complainant was clear and supported by fingerprint evidence, which was undisputed and provided a safety valve for accepting single witness testimony. The appellant's alibi was not reasonably possibly true, given the possibility of border irregularities and lack of innocent explanation for his fingerprints at the scene. The conviction for unlawful possession of firearms was supported by evidence that the appellant and his co-perpetrators took firearms from the compl…

  • Housebreaking With Intent To Commit Robbery
  • Aggravated Robbery
  • Unlawful Possession Of Firearms
  • Minimum Sentences Act
  • Identification Evidence
  • Duplication Of Convictions
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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.