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South Africa Case Law

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Criminal Law [2024] ZAECMKHC 26

S v Funaphi and Others (40/2023)

S v Funaphi and Others (40/2023) [2024] ZAECMKHC 26 (28 February 2024)

The High Court convicted three accused of murder, robbery with aggravating circumstances, and defeating the ends of justice, but found only theft intent on housebreaking.

  • Murder
  • Robbery With Aggravating Circumstances
  • Housebreaking With Intent To Commit Theft
  • Common Purpose Liability
  • Attempt To Defeat Ends Of Justice
  • Common-purpose-liability
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Criminal Law [2023] ZAWCHC 342

S v Faku (CC13/2021)

S v Faku (CC13/2021) [2023] ZAWCHC 342 (12 September 2023)

The court found that the circumstantial evidence presented by the State, including the accused's presence at the scene, identification by witnesses, forensic findings, and inconsistencies in the accused's version, proved beyond reasonable doubt that the accused was the person who shot and killed the deceased. The accused's account was found to be fabricated, lacking credibility, and not reasonably possibly true. The court accepted the State witnesses' evidence, which was consistent, detailed, and corroborated by objective facts. The accused was also found guilty of assault based on the clear…

  • Murder
  • Assault
  • Attempt To Defeat Ends Of Justice
  • Circumstantial Evidence
  • Credibility Of Witnesses
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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.