South Africa Case Law

Daniels and Another v S (A347/19)

Daniels and Another v S (A347/19) [2021] ZAGPPHC 555 (20 August 2021)

Court

North Gauteng High Court, Pretoria

Case number

A347/19

Judges

Mahlangu SK, Tlhapi W

The court found that count 13, being a conspiracy to commit fraud, constituted a duplication of convictions since the completed offences of fraud had already been proved. The appeal against conviction on count 13 was upheld and the sentence set aside. Regarding sentence, the court held that while the trial court considered the personal circumstances of the appellants, it failed to adequately account for the impact of asset forfeiture and the cumulative effect of the sentences. The court determined that substantial and compelling circumstances were present, justifying a reduction in the senten…

Source excerpt

• Fraud
• Conspiracy To Commit Fraud
• Minimum Sentencing
• Duplication Of Convictions
• Asset Forfeiture
• Mitigation Of Sentence

S v Thomas en Andere (536/94)

S v Thomas en Andere (536/94) [1995] ZASCA 96 (14 September 1995)

Court

Supreme Court of Appeal

Case number

536/94

Judges

E M Grosskopf, Vivier, Olivier

Appeal against sentence after a counterfeit-money conspiracy conviction. The court refused to reopen evidence and held the direct prison sentences were not shockingly inappropriate.

• Conspiracy To Commit Fraud
• Sentencing
• Entrapment
• Mitigation Of Sentence
• Criminal-law
• Conspiracy-to-commit-fraud