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South Africa Case Law

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Criminal Law [2018] ZAFSHC 135

S v Matsitela and Others (78/2017)

S v Matsitela and Others (78/2017) [2018] ZAFSHC 135 (13 September 2018)

The court convicted four accused in a copper-theft syndicate case, relying on cellphone data, witness testimony and circumstantial evidence.

  • Racketeering
  • Theft Of Essential Infrastructure
  • Prevention Of Corrupt Activities Act
  • Criminal Matters Amendment Act
  • Cellphone Evidence
  • Duplication Of Convictions
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Criminal Law [2018] ZALMPPHC 59

Hlatswayo and Others v S (AA 14/2017)

Hlatswayo and Others v S (AA 14/2017) [2018] ZALMPPHC 59 (26 April 2018)

Appeal against convictions for ATM bombing, robbery and kidnapping. Counts 1 to 3 were set aside; convictions on counts 4 to 9 were confirmed.

  • Common Purpose
  • Accomplice Evidence
  • Cellphone Evidence
  • Duplication Of Convictions
  • Explosives Act
  • Robbery With Aggravating Circumstances
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Criminal Law [2016] ZAECPEHC 56

Koboka v S (CC39/2011)

Koboka v S (CC39/2011) [2016] ZAECPEHC 56 (13 September 2016)

The court found that the applicant's confession was properly admitted, with expert evidence confirming the authenticity of his signature. The applicant's version that the confession was forged and that he was tortured was rejected as improbable and unsupported by the evidence. The cellphone evidence, corroborated by the applicant's associates and his own confession, destroyed his alibi and linked him to the offences. The court held that there were no reasonable prospects of success on appeal against conviction. Regarding sentence, the court found no substantial and compelling circumstances to…

  • Confession Admissibility
  • Cellphone Evidence
  • Leave To Appeal
  • Sentencing Discretion
  • Minimum Sentences
  • Murder
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Criminal Law [2014] ZAECPEHC 85

S v Koboka (CC39/11)

S v Koboka (CC39/11) [2014] ZAECPEHC 85 (27 November 2014)

The court found that the accused's confession was admissible and corroborated by independent evidence, including eyewitness accounts, ballistics linking the firearm to the murder, and cellphone records placing the accused at the scene. The accused's version was rejected as false and improbable, particularly his denial of owning a cellphone and his alibi for the murder. The evidence established beyond reasonable doubt that the accused committed robbery with aggravating circumstances, murder, and unlawful possession of firearms and ammunition. The accused was acquitted on one count of unlawful…

  • Robbery With Aggravating Circumstances
  • Unlawful Possession Of Firearm
  • Unlawful Possession Of Ammunition
  • Murder
  • Confession Evidence
  • Cellphone Evidence
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Criminal Law [2012] ZAFSHC 124

Shilango and Others v S (A363/2010)

Shilango and Others v S (A363/2010) [2012] ZAFSHC 124 (21 June 2012)

High Court criminal appeal over multiple truck hijackings and related counts. Cellphone records and identification evidence largely upheld the convictions.

  • Armed Robbery
  • Cellphone Evidence
  • Identification
  • Criminal Conspiracy
  • Appeal Procedure
  • Sentencing Principles
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Criminal Law [2009] ZAFSHC 145

S v Monyana and Others

S v Monyana and Others [2009] ZAFSHC 145; [2009] ZAFSHC 35 (19 March 2009)

The court upheld convictions based largely on cellphone and circumstantial evidence, but reduced sentences because the appellants had spent nearly four years in pre-trial custody.

  • Theft Of Copper Cable
  • Organised Crime Act
  • Circumstantial Evidence
  • Cellphone Evidence
  • Sentencing Principles
  • Appeal Procedure
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Criminal Law [2008] ZAFSHC 55

S v Julinoh Macamo and Others (16/2006)

S v Julinoh Macamo and Others (16/2006) [2008] ZAFSHC 55 (26 June 2008)

The Free State High Court refused leave to appeal against convictions and sentences in a multi-accused robbery and organized crime case, relying on the totality of the evidence.

  • Robbery With Aggravating Circumstances
  • Kidnapping
  • Theft
  • Prevention Of Organised Crime Act
  • Identification Evidence
  • Cellphone Evidence
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