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South Africa Case Law

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Criminal Law [2024] ZALMPPHC 112

Sehlabe v S (AA 05/2023)

Sehlabe v S (AA 05/2023) [2024] ZALMPPHC 112 (19 September 2024)

The Full Court upheld an appeal against convictions for conspiracy, murder and attempted murder, finding the trial court’s reasoning mutually destructive and unsupported by proof.

  • Common Purpose Doctrine
  • Admissibility Of Confessions
  • Burden Of Proof
  • Conspiracy
  • Hearsay Evidence
  • Criminal-appeal
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Criminal Law [2019] ZAGPJHC 542

Kubheka v S (A176/2018)

Kubheka v S (A176/2018) [2019] ZAGPJHC 542 (13 September 2019)

The court found that the offence for which the applicant was convicted is serious and prevalent, and that the personal circumstances of the applicant are outweighed by the interests of the community. The court did not find fault with the conviction and concluded that special leave to appeal may not be granted and a significant custodial sentence is probable. Therefore, it is not in the interests of justice to release the applicant on bail pending the application for special leave to appeal the conviction and sentence.

  • Bail Pending Appeal
  • Prospects Of Success
  • Common Purpose Doctrine
  • Sentencing
  • Constitutional Right To Liberty
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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.