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South Africa Case Law

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Criminal Law [2019] ZANWHC 55

Legalatladi v S (CA45/2017)

Legalatladi v S (CA45/2017) [2019] ZANWHC 55 (3 October 2019)

The High Court upheld the appeal and set aside the appellant’s conviction and sentence for attempted conspiracy and incitement to murder.

  • Conspiracy
  • Incitement
  • Attempt
  • Riotous Assemblies Act
  • Mens Rea
  • Superstitious Attempt
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Criminal Law [2018] ZAGPPHC 881

Tsiane v S (A504/2016)

Tsiane v S (A504/2016) [2018] ZAGPPHC 881 (3 August 2018)

High Court appeal on identification evidence and attempted housebreaking. The court upheld the conviction, but substituted the magistrate’s wording of the offence.

  • Identification Evidence
  • Attempted Housebreaking
  • Theft
  • Credibility Of Witnesses
  • Intention To Commit Crime
  • Criminal-law
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Criminal Law [2016] ZAGPPHC 402

S v Lebeko (A325/2016, B74/2013)

S v Lebeko (A325/2016, B74/2013) [2016] ZAGPPHC 402 (24 May 2016)

On special review, the High Court corrected a magistrate’s conviction from completed housebreaking and theft to attempted housebreaking and attempted theft.

  • Attempted Housebreaking
  • Attempted Theft
  • Criminal Procedure Act
  • Conviction Substitution
  • Criminal-law
  • Attempt
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Criminal Law [2010] ZAFSHC 16

Dzanibe and Another v S (A96/2009)

Dzanibe and Another v S (A96/2009) [2010] ZAFSHC 16 (11 February 2010)

The High Court upheld a precious-metals conviction but substituted theft with attempted theft, finding the appellants had not completed the taking.

  • Attempt
  • Theft
  • Possession Of Precious Metals
  • Sentencing
  • Credibility Of Witnesses
  • Possession-of-precious-metals
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Criminal Law [2008] ZASCA 118

S v Msane and Another (96/2008)

S v Msane and Another (96/2008) [2008] ZASCA 118; [2009] 1 All SA 454 (SCA) (26 September 2008)

The Supreme Court of Appeal upheld an attempted extortion sentence but ordered a drug-possession sentence to run concurrently to avoid duplication of punishment.

  • Attempted Extortion
  • Sentence Appropriateness
  • Duplication Of Punishment
  • Possession Of Drugs
  • Attempt
  • Extortion
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Criminal Law [2006] ZAFSHC 136

S v Peacock and Others

S v Peacock and Others [2006] ZAFSHC 136 (19 January 2006)

The court upheld convictions for sabotage arising from a Vaaldam bombing plot, confirmed the sentences, rejected an increase in sentence, and declared the appellants unfit to possess firearms.

  • Sabotage
  • Conspiracy
  • Internal Security Act
  • Mens Rea
  • Sentencing Principles
  • Firearm Possession
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Criminal Law [2005] ZAFSHC 110

S v Motshabi (1109/2005)

S v Motshabi (1109/2005) [2005] ZAFSHC 110 (27 October 2005)

The High Court held that breaking a window without entry amounted only to attempted housebreaking, not completed housebreaking, and reduced the sentence.

  • Housebreaking
  • Attempt
  • Sentencing
  • Elements Of Offence
  • Criminal-law
  • Review
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Criminal Law [1990] ZASCA 94

S v Hendricks en 'n Ander (224/1989)

S v Hendricks en 'n Ander (224/1989) [1990] ZASCA 94 (18 September 1990)

The court set aside a drug-dealing conviction, substituting attempted possession, and reduced both appellants’ sentences to two years’ imprisonment.

  • Drug Offences
  • Attempt
  • Sentencing
  • Appeal Procedure
  • Criminal-law
  • Drug-offences
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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.