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South Africa Case Law

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Criminal Law [2021] ZAWCHC 226

Gaju and Another v S (A110/2021)

Gaju and Another v S (A110/2021) [2021] ZAWCHC 226 (9 November 2021)

The High Court dismissed two men’s appeals against rape convictions and life sentences, finding the complainant credible, the defence implausible, and no basis to depart from the prescribed sentence.

  • Rape
  • Sentencing Discretion
  • Life Imprisonment
  • Substantial And Compelling Circumstances
  • Charge Sheet Drafting
  • Gender Based Violence
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Criminal Law [2012] ZAFSHC 69

Speek v S (A34/2011)

Speek v S (A34/2011) [2012] ZAFSHC 69 (19 April 2012)

The appeal succeeded because the trial court did not specify which incidents underpinned each conviction, creating uncertainty and fair-trial unfairness.

  • Sexual Offences
  • Child Witness Evidence
  • Charge Sheet Drafting
  • Fair Trial Rights
  • Appeal Procedure
  • 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.