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South Africa Case Law

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Criminal Law [2024] ZAWCHC 225

Davids v S (A 56 / 2024)

Davids v S (A 56 / 2024) [2024] ZAWCHC 225; 2025 (1) SACR 650 (WCC) (28 August 2024)

The High Court set aside an assault conviction for lack of proof beyond reasonable doubt and reduced a kidnapping sentence to 12 months, mostly suspended.

  • Assault With Intent To Cause Grievous Bodily Harm
  • Kidnapping
  • Burden Of Proof
  • Minimum Sentencing
  • Mitigation Of Sentence
  • Criminal-appeal
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Criminal Law [2024] ZAGPPHC 630

D.S.M v S (A76/23)

D.S.M v S (A76/23) [2024] ZAGPPHC 630 (26 June 2024)

The High Court dismissed an appeal against conviction and sentence for rape, kidnapping, assault and breach of a domestic violence order, upholding the life sentence.

  • Rape
  • Gender Based Violence
  • Minimum Sentences Act
  • Assault With Intent To Cause Grievous Bodily Harm
  • Domestic Violence Order
  • Sentencing Principles
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Criminal Law [2023] ZAKZDHC 59

S v Govender and Another (CCD22/2022)

S v Govender and Another (CCD22/2022) [2023] ZAKZDHC 59 (18 August 2023)

The High Court imposed direct imprisonment on two brothers convicted of attempted murder and assaults, finding correctional supervision unsuitable given the seriousness of the crimes.

  • Sentencing Principles
  • Attempted Murder
  • Assault With Intent To Cause Grievous Bodily Harm
  • Assault Common
  • Correctional Supervision
  • Firearms Control
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Criminal Law [2023] ZAGPJHC 490

M.L v S (A113/2022)

M.L v S (A113/2022) [2023] ZAGPJHC 490 (16 May 2023)

The High Court upheld an appeal against convictions for kidnapping, rape and assault, finding the evidence did not prove guilt beyond reasonable doubt.

  • Rape
  • Kidnapping
  • Assault With Intent To Cause Grievous Bodily Harm
  • Single Witness Evidence
  • Reasonable Doubt
  • Corroboration
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Criminal Law [2022] ZAGPJHC 1029

S v Likgopo (SS32/2022)

S v Likgopo (SS32/2022) [2022] ZAGPJHC 1029 (23 November 2022)

The High Court convicted the accused of two murders, robbery, theft, attempted murder, firearm and ammunition possession, and assault, while acquitting on two counts.

  • Murder
  • Robbery With Aggravating Circumstances
  • Attempted Murder
  • Unlawful Possession Of Firearm
  • Unlawful Possession Of Ammunition
  • Theft
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Criminal Law [2022] ZAGPPHC 482

Pretorius v S (A131/2021)

Pretorius v S (A131/2021) [2022] ZAGPPHC 482 (5 July 2022)

The High Court dismissed a criminal appeal against conviction for assault with intent to cause grievous bodily harm, upholding the trial court’s credibility findings.

  • Assault With Intent To Cause Grievous Bodily Harm
  • Credibility Of Witnesses
  • Private Defence
  • Appellate Deference
  • Evaluation Of Evidence
  • Criminal-appeal
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Criminal Law [2022] ZAGPPHC 504

S v Mokoena (CC27/2021)

S v Mokoena (CC27/2021) [2022] ZAGPPHC 504 (22 June 2022)

Sentencing judgment in a murder and attempted murder case, where the High Court imposed 25 years' imprisonment for murder and concurrent terms for the remaining counts.

  • Minimum Sentencing
  • Murder
  • Attempted Murder
  • Assault With Intent To Cause Grievous Bodily Harm
  • Remorse And Mitigation
  • Minimum-sentencing
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Criminal Law [2022] ZAFSHC 3

Hlohlolo v S (A73/2021)

Hlohlolo v S (A73/2021) [2022] ZAFSHC 3 (12 January 2022)

The appeal court found that the trial court did not misdirect itself in imposing the sentence. The appellant's personal circumstances were generic and did not outweigh the gravity of the offence, which involved an unprovoked and violent attack resulting in serious injuries. The appellant had a history of violent crimes, committed while on parole and during a suspended sentence, demonstrating a propensity for violence and disregard for the justice system. The court was not persuaded of genuine remorse, as the appellant only admitted guilt after the complainant's testimony and expressed remorse…

  • Sentencing Principles
  • Assault With Intent To Cause Grievous Bodily Harm
  • Remorse
  • Rehabilitation
  • Previous Convictions
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Criminal Law [2021] ZAFSHC 297

De Witt v S (A228/2019)

De Witt v S (A228/2019) [2021] ZAFSHC 297 (12 November 2021)

Appeal against convictions and sentence for assault, arson, protection-order breach and ammunition possession. Count 5 was set aside; the other convictions and sentences were confirmed.

  • Arson
  • Assault With Intent To Cause Grievous Bodily Harm
  • Contravention Of Protection Order
  • Unlawful Possession Of Ammunition
  • Sentencing Principles
  • Criminal-appeal
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Criminal Law [2021] ZAECGHC 14

S v Matyaleni (CC25/2020)

S v Matyaleni (CC25/2020) [2021] ZAECGHC 14 (17 February 2021)

The High Court convicted the accused on ten counts, including rape, robbery and assault, relying on witness evidence, medical findings and DNA matches.

  • Rape
  • Robbery With Aggravating Circumstances
  • Assault With Intent To Cause Grievous Bodily Harm
  • Dna Evidence
  • Onus Of Proof
  • 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.