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South Africa Case Law

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Criminal Law [2024] ZAWCHC 34

Gxasheka and Others v S (A58/22)

Gxasheka and Others v S (A58/22) [2024] ZAWCHC 34 (9 February 2024)

The High Court dismissed an appeal by four accused convicted of conspiracy to commit robbery, firearm and ammunition offences, and housebreaking.

  • Conspiracy To Commit Robbery
  • Aggravating Circumstances
  • Unlawful Possession Of Firearms
  • Unlawful Possession Of Ammunition
  • Housebreaking With Intent To Steal
  • Sentencing Principles
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Criminal Law [2024] ZAGPJHC 75

Jwili v Minister of Police and Another (19020/17)

Jwili v Minister of Police and Another (19020/17) [2024] ZAGPJHC 75 (29 January 2024)

The High Court dismissed claims for malicious prosecution, negligent prosecution, and further detention, finding no proven malice or liability after arrest.

  • Malicious Prosecution
  • Unlawful Arrest
  • Unlawful Detention
  • Conspiracy To Commit Robbery
  • Animus Iniuriandi
  • Reasonable And Probable Cause
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Criminal Law [2023] ZAGPPHC 1189

S v Mabena and Others (CC2/2020)

S v Mabena and Others (CC2/2020) [2023] ZAGPPHC 1189 (19 September 2023)

High Court criminal conviction arising from a planned cash-in-transit robbery, a police shootout, and firearms-related offences.

  • Conspiracy To Commit Robbery
  • Murder
  • Attempted Murder
  • Unlawful Possession Of Firearms
  • Unlawful Possession Of Ammunition
  • Reckless Driving
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Criminal Law [2023] ZAMPMHC 12

Ruyinga v S (A13/2021)

Ruyinga v S (A13/2021) [2023] ZAMPMHC 12 (26 April 2023)

The High Court dismissed an appeal against a conviction for conspiracy to commit robbery with aggravating circumstances, finding the accomplice evidence and cellphone records sufficient.

  • Conspiracy To Commit Robbery
  • Accomplice Evidence
  • Cellphone Records
  • Fair Trial Rights
  • Conspiracy-to-commit-robbery
  • Accomplice-evidence
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Criminal Law [2020] ZALMPPHC 70

S v Mogale and Others (CC76/2018; 10/2/11/1-L41/18)

S v Mogale and Others (CC76/2018; 10/2/11/1-L41/18) [2020] ZALMPPHC 70 (5 August 2020)

The court found that all accused were parties to a conspiracy to commit robbery with aggravating circumstances, based on their coordinated actions, possession of firearms, and use of a stolen vehicle. The evidence established that the accused acted in concert, and the firearms were brought to facilitate violence in furtherance of the criminal enterprise. The confession by accused 3 was ruled admissible and reliable, corroborated by objective facts and the conduct of the accused. The doctrine of common purpose applied to the murder and attempted murder charges, as the accused foresaw and accep…

  • Conspiracy To Commit Robbery
  • Common Purpose
  • Possession Of Stolen Property
  • Reckless Driving
  • Admissibility Of Confession
  • Joint Possession Of Firearms
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Criminal Law [2020] ZALMPPHC 69

S v Mogale and Others (CC76/2018; 10/2/11/1-L41/18)

S v Mogale and Others (CC76/2018; 10/2/11/1-L41/18) [2020] ZALMPPHC 69 (6 July 2020)

Sentencing judgment in a murder and robbery-related case: the court found substantial and compelling circumstances and imposed lengthy prison terms.

  • Mandatory Minimum Sentences
  • Murder
  • Attempted Murder
  • Conspiracy To Commit Robbery
  • Possession Of Stolen Property
  • Reckless Driving
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Criminal Law [2017] ZAGPPHC 1313

S v Mchunu and Others (146/16)

S v Mchunu and Others (146/16) [2017] ZAGPPHC 1313 (28 June 2017)

The court convicted eight accused of conspiracy to commit robbery and murder, and convicted several on firearm and ammunition charges, but acquitted all on one firearm-possession count.

  • Conspiracy To Commit Robbery
  • Dolus Eventualis
  • Unlawful Possession Of Firearms
  • Unlawful Possession Of Ammunition
  • Murder
  • Riotous Assemblies Act
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Criminal Law [2015] ZASCA 42

Gcam-Gcam v S (1034/2013)

Gcam-Gcam v S (1034/2013) [2015] ZASCA 42; 2015 (2) SACR 501 (SCA) (25 March 2015)

The Supreme Court of Appeal held that the appellant could not be convicted of robbery and murder on the basis of common purpose, as he was not present during the commission of the offences and did not actively associate with the group in robbing the second pay-point or in the subsequent events leading to the deaths. The evidence did not establish that the appellant was aware of or participated in the decision to rob the second pay-point, nor that he foresaw the possibility of the subsequent murders. The court found that the confession was improperly admitted, as the appellant's version of coe…

  • Common Purpose
  • Conspiracy To Commit Robbery
  • Admissibility Of Confessions
  • Accessory After The Fact
  • Firearms Control Act
  • Alibi Evidence
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Criminal Law [2015] ZAECGHC 1

Mroloto and Others v S (CA&R 146/2014)

Mroloto and Others v S (CA&R 146/2014) [2015] ZAECGHC 1 (8 January 2015)

Appeal in a robbery-conspiracy case partly allowed: the third appellant’s conviction was set aside, while the others’ convictions stood and the concurrency order was corrected.

  • Conspiracy To Commit Robbery
  • Possession Of Firearms
  • Possession Of Ammunition
  • Circumstantial Evidence
  • Sentencing Discretion
  • Criminal-appeal
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Criminal Law [2012] ZAKZPHC 7

Cele and Others v S (AR 237/2001)

Cele and Others v S (AR 237/2001) [2012] ZAKZPHC 7 (1 January 2012)

The court found that the evidence did not establish joint possession of the firearm and ammunition by the second appellant, as required by law. Mere knowledge or acquiescence in the use of the firearm was insufficient for a conviction under the Arms and Ammunition Act. The convictions on counts 3 and 4 against the second appellant were set aside. Regarding sentence, the court held that the prescribed minimum sentence of life imprisonment for murder committed in the course of a robbery with aggravating circumstances did not apply, as the evidence did not establish such aggravating circumstance…

  • Unlawful Possession Of Firearm
  • Unlawful Possession Of Ammunition
  • Conspiracy To Commit Robbery
  • Minimum Sentencing
  • Common Purpose
  • Murder
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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.