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South Africa Case Law

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Criminal Law [2024] ZAGPPHC 747

S v Mabita (Sentence) (CC66/2023)

S v Mabita (Sentence) (CC66/2023) [2024] ZAGPPHC 747 (1 August 2024)

Court
North Gauteng High Court, Pretoria
Case number
CC66/2023
Judge
Mosopa

The Court found that the accused was convicted of murder under Section 51(2) of Act 105 of 1997, which prescribes a minimum sentence of 15 years imprisonment for a first offender unless substantial and compelling circumstances exist to justify a lesser sentence. The accused pleaded guilty and admitted to using excessive force, resulting in the death of the deceased by manual strangulation. The Court considered the accused's personal circumstances, including his lack of prior convictions, community leadership, employment history, and family responsibilities. However, the Court found that these…

Source excerpt

  • Murder
  • Minimum Sentencing
  • Substantial And Compelling Circumstances
  • Intimate Partner Violence
  • Constitutional Right To Life
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Criminal Law [1997] ZASCA 91

S v Ntsangana (288/95)

S v Ntsangana (288/95) [1997] ZASCA 91 (11 November 1997)

Court
Supreme Court of Appeal
Case number
288/95
Judges
Vivier, Marais, Zulman

The Supreme Court of Appeal found no reason to interfere with the trial court's acceptance of the evidence of accused No 1's wife, which was corroborated by other witnesses and physical evidence. The appellant's alibi was rejected as untruthful and improbable. The court held that the conviction for murder was correct based on the evidence. However, the death sentence imposed on accused No 2 must be set aside in consequence of the Constitutional Court's decision in S v Makwanyane, which declared the death penalty unconstitutional. The matter is remitted to the trial court for the imposition of…

Source excerpt

  • Murder
  • Death Penalty
  • Alibi Defence
  • Credibility Of Witnesses
  • Constitutional Right To Life
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.