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South Africa Case Law

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Criminal Law [2014] ZAGPJHC 148

Phosha v S (A933/2007)

Phosha v S (A933/2007) [2014] ZAGPJHC 148 (17 July 2014)

The High Court upheld an appeal against sentence and ordered the full attempted-robbery sentence to run concurrently with the rape sentence.

  • Rape
  • Attempted Robbery With Aggravating Circumstances
  • Minimum Sentencing
  • Concurrent Sentences
  • Criminal-law
  • Attempted-robbery
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Criminal Law [2010] ZAWCHC 516

Jephtus v S (A165/2010)

Jephtus v S (A165/2010) [2010] ZAWCHC 516 (29 October 2010)

The court upheld the appellant’s conviction for attempted robbery with aggravating circumstances, but reduced his sentence from four years to 18 months.

  • Attempted Robbery With Aggravating Circumstances
  • Sentencing Principles
  • Onus Of Proof
  • Appeal Procedure
  • Attempted-robbery-with-aggravating-circumstances
  • Sentencing-principles
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Criminal Law [2010] ZAECGHC 16

S v Arends and Others

S v Arends and Others [2010] ZAECGHC 16 (1 March 2010)

The court held that sentencing must balance the seriousness of the offences, the interests of society, and the personal circumstances of each accused. Accused 1, being 17 at the time, was excluded from the minimum sentencing regime and sentenced in accordance with principles applicable to child offenders, resulting in a substantial but not life sentence. Accused 2 and 3, both adults, were subject to the minimum sentencing regime for rape committed by more than one person acting in common purpose. The court found no substantial and compelling circumstances to justify deviation from the prescri…

  • Rape
  • Attempted Robbery With Aggravating Circumstances
  • Minimum Sentencing
  • Child Offender Sentencing
  • Substantial And Compelling Circumstances
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Criminal Law [2008] ZANCHC 64

S v Seeikoei (CA&R 57/2008)

S v Seeikoei (CA&R 57/2008) [2008] ZANCHC 64 (14 October 2008)

The Northern Cape High Court dismissed an appeal against a conviction for attempted robbery with aggravating circumstances, upholding the trial court’s identification findings.

  • Attempted Robbery With Aggravating Circumstances
  • Identification Evidence
  • Single Witness Testimony
  • Credibility Assessment
  • Criminal-law
  • Identification-evidence
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Criminal Law [1985] ZASCA 116

S v Moatche (150/1985)

S v Moatche (150/1985) [1985] ZASCA 116 (14 November 1985)

Criminal appeal against convictions for murder and attempted robbery with aggravating circumstances dismissed. The court upheld the credibility of the State witness and found no mitigation.

  • Murder
  • Attempted Robbery With Aggravating Circumstances
  • Credibility Of Witnesses
  • Mitigating Circumstances
  • Sentencing Principles
  • 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.