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South Africa Case Law

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Criminal Law [2024] ZAKZPHC 45

Mudlay v S (AR 356/2020)

Mudlay v S (AR 356/2020) [2024] ZAKZPHC 45 (14 June 2024)

The High Court dismissed a criminal appeal against conviction and sentence for assault after the appellant admitted striking his wife and failed to establish private defence.

  • Assault With Intent To Commit Grievous Bodily Harm
  • Private Defence
  • Provocation
  • Sentencing Principles
  • Assault
  • Private-defence
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Criminal Law [2016] ZAECGHC 106

Nojoko v S (CA&R84/2016)

Nojoko v S (CA&R84/2016) [2016] ZAECGHC 106 (17 October 2016)

Appeal against rape, kidnapping and assault convictions dismissed; the High Court upheld the complainant’s evidence and confirmed the minimum sentence.

  • Rape
  • Kidnapping
  • Assault With Intent To Commit Grievous Bodily Harm
  • Minimum Sentencing
  • Single Witness Rule
  • Substantial And Compelling Circumstances
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Criminal Law [2015] ZAGPPHC 573

Ramasodi v S (A414/2014)

Ramasodi v S (A414/2014) [2015] ZAGPPHC 573 (29 July 2015)

The High Court upheld an appeal against conviction for assault with intent to commit grievous bodily harm, finding the accused’s version reasonably possibly true.

  • Assault With Intent To Commit Grievous Bodily Harm
  • Credibility Of Witnesses
  • Reasonable Possibility Of Truth
  • Misdirection By Magistrate
  • Criminal-law
  • Assault
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Criminal Law [2010] ZAGPJHC 34

S v Herman (A679/2009)

S v Herman (A679/2009) [2010] ZAGPJHC 34; 2010 (2) SACR 263 (GSJ) (6 May 2010)

The court found that the evidence, particularly the expert medical testimony, excluded every reasonable inference other than that the appellant inflicted the fatal injuries on the child. The appellant's explanations were inconsistent and failed to disturb the conclusions drawn from the totality of the evidence. The conviction on the first count of assault with intent to commit grievous bodily harm was upheld, as the appellant was the sole caregiver at the relevant time and the injury would have been obvious. The conviction on the fourth count of culpable homicide was also upheld, as the sympt…

  • Culpable Homicide
  • Assault With Intent To Commit Grievous Bodily Harm
  • Adoption
  • Mens Rea
  • Sentencing Discretion
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Criminal Law [2008] ZAECHC 35

S v Burger (CA&R320/06)

S v Burger (CA&R320/06) [2008] ZAECHC 35 (7 May 2008)

The High Court altered a sentence for assault with intent to commit grievous bodily harm, finding the magistrate over-emphasised seriousness and underweighted mitigation.

  • Assault With Intent To Commit Grievous Bodily Harm
  • Sentencing Principles
  • Mitigating Factors
  • Self Defence Exceeded
  • Criminal-law
  • Sentencing
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Criminal Law [2008] ZAGPHC 436

S v Tladi (138/2008)

S v Tladi (138/2008) [2008] ZAGPHC 436 (8 April 2008)

Automatic review of a plea-and-sentence matter. The High Court confirmed the conviction but amended the sentence wording to clarify concurrency under section 280(2).

  • Assault With Intent To Commit Grievous Bodily Harm
  • Sentencing
  • Concurrent Sentences
  • Section 280 Criminal Procedure Act
  • Criminal-law
  • Assault
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Criminal Law [2006] ZAECHC 61

S v Gontsini (CA&R263/06 , 53/2006)

S v Gontsini (CA&R263/06 , 53/2006) [2006] ZAECHC 61 (15 November 2006)

Appeal against a 12-month sentence for assault with intent to do grievous bodily harm was dismissed. The High Court found no material misdirection or shockingly severe sentence.

  • Assault With Intent To Commit Grievous Bodily Harm
  • Sentencing Principles
  • Magistrates Court Appeal
  • Criminal-law
  • Sentencing
  • Assault-with-intent-to-do-grievous-bodily-harm
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Criminal Law [2000] ZAGPHC 6

S v Rasedumo and Others (99/0017)

S v Rasedumo and Others (99/0017) [2000] ZAGPHC 6 (26 January 2000)

Sentencing judgment for multiple counts of gang rape, robbery with aggravating circumstances, and assault arising from a violent night-time housebreaking spree.

  • Rape
  • Robbery With Aggravating Circumstances
  • Gang Rape
  • Sentencing Principles
  • Juvenile Offenders
  • Assault With Intent To Commit Grievous Bodily Harm
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Criminal Law [1997] ZAECHC 9

S v Kameli (CA&R 24/96)

S v Kameli (CA&R 24/96) [1997] ZAECHC 9 (7 February 1997)

The High Court upheld a conviction for assault with intent to commit grievous bodily harm and confirmed a two-year sentence after rejecting the appeal.

  • Assault With Intent To Commit Grievous Bodily Harm
  • Failure To Cross Examine
  • Credibility Of Accused
  • Sentencing Principles
  • First Offender
  • Judicial Duties
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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.