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South Africa Case Law

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Criminal Law [2019] ZAFSHC 139

Meya v S (A240/2017)

Meya v S (A240/2017) [2019] ZAFSHC 139 (29 August 2019)

The High Court partly upheld a rape appeal, setting aside count 2 for incomplete evidence while confirming counts 1 and 3 and life sentences.

  • Rape Of Minor
  • Minimum Sentences
  • Appeal Delay
  • Credibility Of Witnesses
  • Taking Convictions Together For Sentence
  • Rape-of-minor
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Criminal Law [2010] ZASCA 7

Le Roux and Others v S (444/08)

Le Roux and Others v S (444/08) [2010] ZASCA 7; 2010 (2) SACR 11 (SCA) ; [2010] 3 All SA 288 (SCA) (5 March 2010)

The Supreme Court of Appeal found that the incident at Tant Malie's restaurant constituted public violence, as a group of men unlawfully and intentionally committed acts of serious violence that disturbed public peace and invaded the rights of others. However, the trial court erred by failing to consider the individual conduct of each appellant and by relying on accomplice evidence without sufficient corroboration. The convictions and sentences of appellants 2, 3, 4, and 7 were set aside due to lack of evidence of association with the acts of public violence. The convictions and sentences of…

  • Public Violence
  • Common Purpose
  • Fair Trial Rights
  • Sentencing
  • Appeal Delay
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Criminal Law [2009] ZASCA 116

Michele v S (477/08)

Michele v S (477/08) [2009] ZASCA 116; 2010 (1) SACR 131 (SCA) ; [2010] 1 All SA 446 (SCA) (25 September 2009)

The Supreme Court of Appeal reduced fraud sentences, holding that delay in hearing leave to appeal and the actual loss suffered were relevant in mitigation.

  • Fraud
  • Sentencing
  • Appeal Delay
  • White Collar Crime
  • Criminal-sentencing
  • Appeal-delay
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Criminal Law [2006] ZASCA 20

S v Heslop (216/05)

S v Heslop (216/05) [2006] ZASCA 20; [2006] SCA 22 (RSA) (20 March 2006)

The Supreme Court of Appeal struck the appeal from the roll because the appellant could not be traced and counsel had filed heads without a power of attorney.

  • Culpable Homicide
  • Appeal Delay
  • Power Of Attorney
  • Heads Of Argument
  • Criminal-appeal
  • Appeal-delay
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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.