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South Africa decisions
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Lolwane v S (CA28/2022) [2024] ZANWHC 32 (16 February 2024)
The High Court set aside a rape conviction and life sentence after finding that plea and sentencing irregularities caused a failure of justice.
Ngonhamo and Another v S - Appeal (A309/2022) [2023] ZAGPPHC 1870 (24 October 2023)
The court found that the trial court misdirected itself in its application of the principles of circumstantial evidence and the doctrine of common purpose. The trial court failed to require forensic analysis of the blood found in the vehicle, relying instead on subjective impressions, which did not meet the standard of proof beyond reasonable doubt. The inference drawn from the appellants' silence was improperly treated as a self-created risk, undermining the constitutional right to remain silent. The evidence was insufficient to establish a direct link between the appellants, particularly th…
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