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South Africa Case Law

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Criminal Law [2018] ZAFSHC 176

Makae v S (A262/17)

Makae v S (A262/17) [2018] ZAFSHC 176 (29 November 2018)

Appeal against a life sentence for rape failed. The High Court held that omission of the minimum-sentencing notice caused no prejudice and no substantial and compelling circumstances were shown.

  • Minimum Sentencing
  • Rape
  • Murder
  • Substantial And Compelling Circumstances
  • Constitutional Fair Trial Rights
  • Minimum-sentencing
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Criminal Law [2014] ZAKZPHC 45

Essop v S (AR 931/2004)

Essop v S (AR 931/2004) [2014] ZAKZPHC 45 (23 May 2014)

Appeal against a fraud conviction succeeded because the charge sheet omitted prejudice, an essential element of fraud, and amendment on appeal was refused.

  • Fraud
  • Charge Sheet Defects
  • Constitutional Fair Trial Rights
  • Amendment Of Charge Sheet
  • Prejudice Element
  • Criminal Procedure Act
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Criminal Law [2009] ZAECPEHC 55

Williams v S (CA143/2008)

Williams v S (CA143/2008) [2009] ZAECPEHC 55; 2010 (1) SACR 493 (ECG) (19 November 2009)

The court held that a child complainant’s evidence was admissible despite no formal oath inquiry, and dismissed the rape conviction appeal.

  • Admissibility Of Evidence
  • Child Witnesses
  • Oath And Admonition
  • Constitutional Fair Trial Rights
  • Criminal-procedure
  • Admissibility-of-evidence
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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.