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South Africa Case Law

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Criminal Law [2019] ZAGPPHC 263

S v Mohlapi (86/2019)

S v Mohlapi (86/2019) [2019] ZAGPPHC 263 (19 June 2019)

High Court review of a conviction on alternative counts. The court confirmed culpable homicide, set aside negligent driving, and remitted the matter for sentencing.

  • Duplication Of Convictions
  • Culpable Homicide
  • Negligent Driving
  • Alternative Charges
  • Criminal Procedure Act
  • National Road Traffic Act
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Criminal Law [2015] ZAFSHC 232

S v Mhlophe (245/2015)

S v Mhlophe (245/2015) [2015] ZAFSHC 232 (10 December 2015)

On special review, the High Court set aside a conviction entered on both a main and alternative charge arising from the same facts, holding this was irregular.

  • Alternative Charges
  • Double Jeopardy
  • Reckless Driving
  • Irregular Conviction
  • Alternative-charges
  • Double-jeopardy
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Criminal Law [2012] ZAGPJHC 237

S v Maritz (A273/2012)

S v Maritz (A273/2012) [2012] ZAGPJHC 237 (22 November 2012)

The court found that the appellant's admissions in the plea explanation amounted to an incorrect conclusion of law and did not establish the essential elements of dealing in drugs. The facts admitted showed that the appellant acted as an agent or go-between for a purchaser for own use, which does not constitute dealing under the Drugs and Drug Trafficking Act. The regional magistrate erred by failing to record a plea of not guilty under section 113 of the Criminal Procedure Act when the appellant denied the required mens rea. The court held that neither it nor the trial court could convict th…

  • Drugs And Drug Trafficking Act
  • Mens Rea
  • Plea Explanation
  • Conviction On Admission
  • Alternative Charges
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Criminal Law [2006] ZAFSHC 121

S v Ralph

S v Ralph [2006] ZAFSHC 121 (31 August 2006)

The High Court set aside an indecent assault conviction, substituted a conviction on the main charge under section 14(1)(b), and reduced sentence to four years.

  • Sexual Offences Against Children
  • Alternative Charges
  • Sentencing Discretion
  • Correctional Supervision
  • Credibility Of Witnesses
  • Criminal-law
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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.