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South Africa Case Law

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Criminal Law [2025] ZAWCHC 269

D.H v S (Appeal) (A173/2024)

D.H v S (Appeal) (A173/2024) [2025] ZAWCHC 269 (25 June 2025)

The High Court dismissed a criminal appeal against rape and common assault convictions, finding the complainant credible and the sentence justified.

  • Rape
  • Common Assault
  • Credibility Of Witnesses
  • Single Witness Rule
  • Language Of Record
  • Sentencing Guidelines
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Criminal Law [2024] ZAGPJHC 1269

Ntshingila v S (A51/2024)

Ntshingila v S (A51/2024) [2024] ZAGPJHC 1269 (6 December 2024)

The High Court upheld an appeal against a six-month direct imprisonment sentence for common assault and substituted a R1500 fine or suspended imprisonment.

  • Sentencing Principles
  • Mitigating And Aggravating Factors
  • Common Assault
  • Elderly Offenders
  • Rehabilitation Vs Retribution
  • Common-assault
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Criminal Law [2024] ZAKZPHC 64

Rahim v S (C875/2021)

Rahim v S (C875/2021) [2024] ZAKZPHC 64 (14 August 2024)

The High Court set aside an assault GBH conviction, finding no proof of intent and holding the grocery-packet incident was too trivial to sustain a conviction.

  • Assault With Intent To Do Grievous Bodily Harm
  • De Minimis Non Curat Lex
  • Mens Rea
  • Common Assault
  • Assault-with-intent-to-do-grievous-bodily-harm
  • De-minimis-non-curat-lex
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Criminal Law [2024] ZAECQBHC 43

S v Mabhulu (CA&R106/2024)

S v Mabhulu (CA&R106/2024) [2024] ZAECQBHC 43 (25 June 2024)

On special review, the High Court set aside a conviction for assault with intent to do grievous bodily harm and substituted common assault.

  • Assault With Intent To Do Grievous Bodily Harm
  • Common Assault
  • Competent Verdict
  • Sentencing Principles
  • Assault
  • Common-assault
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Criminal Law [2023] ZAKZPHC 162

Mkhwanazi and Another v S (Appeal) (AR504/2018)

Mkhwanazi and Another v S (Appeal) (AR504/2018) [2023] ZAKZPHC 162 (22 September 2023)

Appeal court upheld self-defence arguments, set aside murder, attempted murder and assault convictions, and found the trial court misdirected itself on the evidence.

  • Private Defence
  • Murder
  • Attempted Murder
  • Common Assault
  • Criminal Procedure
  • Appellate Review
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Criminal Law [2023] ZAGPPHC 699

T.M v S (A199/2022)

T.M v S (A199/2022) [2023] ZAGPPHC 699 (16 August 2023)

The appellant was present when the protection order was issued and its terms were explained to him, establishing his awareness and mens rea. His conduct in entering the upper level of the home and the subsequent altercation with the complainant constituted a breach of the order and assault. The trial court correctly convicted him on both counts. However, the sentence of house arrest and correctional supervision was disproportionate, unduly restricting his ability to maintain family and business relationships, and was not justified by the circumstances. A wholly suspended sentence would adequa…

  • Domestic Violence Act
  • Contravention Of Protection Order
  • Common Assault
  • Sentencing Principles
  • Mens Rea
  • Correctional Supervision
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Criminal Law [2021] ZAGPPHC 846

Celliers v S (A36/2021)

Celliers v S (A36/2021) [2021] ZAGPPHC 846 (8 December 2021)

The High Court upheld an appeal against convictions for assault with intent to do grievous bodily harm, finding material contradictions and no proof beyond reasonable doubt.

  • Assault With Intent To Do Grievous Bodily Harm
  • Credibility Of Witnesses
  • Onus Of Proof
  • Contradictory Evidence
  • Common Assault
  • Criminal-law
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Criminal Law [2021] ZAGPPHC 714

S v Bodibe (conviction) (CC 14/2021)

S v Bodibe (conviction) (CC 14/2021) [2021] ZAGPPHC 714 (19 October 2021)

The High Court held that the State had not proved planning or premeditation for murder, so section 51(2) applied. The accused was also convicted of common assault.

  • Murder
  • Minimum Sentences Act
  • Premeditation
  • Common Assault
  • Minimum-sentences-act
  • Criminal-procedure
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Criminal Law [2021] ZAGPJHC 169

Chimola v S (A054/2018)

Chimola v S (A054/2018) [2021] ZAGPJHC 169 (7 May 2021)

High Court appeal where conviction for robbery with aggravating circumstances was altered to housebreaking with intent to steal and theft, plus common assault; sentence reduced to eight years.

  • Housebreaking With Intent To Steal
  • Theft
  • Common Assault
  • Aggravating Circumstances
  • Competent Verdicts
  • Sentencing Principles
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Criminal Law [2020] ZAECGHC 146

S v Ntsizi (CC17/2020)

S v Ntsizi (CC17/2020) [2020] ZAECGHC 146 (17 November 2020)

The High Court convicted the accused of rape, attempted murder, and common assault, relying on the complainant’s credible evidence and corroborating witnesses.

  • Rape
  • Attempted Murder
  • Assault With Intent To Do Grievous Bodily Harm
  • Common Assault
  • Single Witness Evidence
  • Onus Of Proof
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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.