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South Africa Case Law

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Criminal Law [2020] ZAGPPHC 566

Naidoo v S (A178/2020)

Naidoo v S (A178/2020) [2020] ZAGPPHC 566 (10 September 2020)

Appeal against refusal of bail dismissed after the court found that, despite a Schedule 5 misdirection, detention was justified on the facts.

  • Bail Application
  • Schedule 5 Offences
  • Onus Of Proof
  • Kidnapping
  • Assault With Intent To Do Grievous Bodily Harm
  • Contravention Of Drugs And Drug Trafficking Act
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Criminal Law [2015] ZAGPPHC 296

S v Mothabeng (A299/2015)

S v Mothabeng (A299/2015) [2015] ZAGPPHC 296 (12 May 2015)

On review, the High Court corrected a typographical error in a dagga conviction to reflect the correct weight, 5.67 kg, and confirmed the sentence.

  • Possession Of Dagga
  • Contravention Of Drugs And Drug Trafficking Act
  • Typographical Error In Conviction
  • Dagga-possession
  • Criminal-review
  • Typographical-error
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Criminal Law [2011] ZAFSHC 171

S v Mahlomola (716/2011)

S v Mahlomola (716/2011) [2011] ZAFSHC 171 (3 November 2011)

The High Court confirmed the conviction for dealing in dagga but found the original fine shockingly inappropriate, substituting a lower fine and suspended imprisonment.

  • Sentencing Principles
  • Ability To Pay Fine
  • Mitigation Of Sentence
  • Contravention Of Drugs And Drug Trafficking Act
  • Sentencing
  • Ability-to-pay-fine
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Criminal Law [2011] ZAFSHC 142

S v Tsolo (294/2011)

S v Tsolo (294/2011) [2011] ZAFSHC 142 (1 September 2011)

On special review, the court confirmed the conviction but set aside an incomplete sentence and remitted the matter to the magistrate for proper sentencing.

  • Sentencing
  • Contravention Of Drugs And Drug Trafficking Act
  • Suspended Sentence
  • Forfeiture Of Property
  • Firearm Possession Disqualification
  • Special-review
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Criminal Law [2011] ZAFSHC 92

S v Thene (23/2011)

S v Thene (23/2011) [2011] ZAFSHC 92 (31 March 2011)

The court found that the sentence imposed by the magistrate was unduly harsh given the relatively small quantity of dagga and the accused's personal circumstances. The accused is a first offender, a widow supporting five children on a minimal income, and pleaded guilty with a frank explanation of her motivation. The magistrate overemphasised the prevalence of dagga dealing in the area and failed to adequately consider the need for mercy. The appropriate sentence is a fine of R4,500 or nine months imprisonment, with a further nine months imprisonment wholly suspended for five years on conditio…

  • Sentencing
  • Mitigating Circumstances
  • Contravention Of Drugs And Drug Trafficking Act
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Criminal Law [2002] ZANWHC 23

S v Mokgothu (47/2002)

S v Mokgothu (47/2002) [2002] ZANWHC 23 (13 June 2002)

On automatic review, the High Court corrected an ambiguous conviction and suspended sentence to reflect a specific contravention of section 4(a) of the Drugs and Drug Trafficking Act.

  • Possession Of Dependence Producing Substance
  • Sentence Suspension
  • Criminal Review
  • Contravention Of Drugs And Drug Trafficking Act
  • Criminal-review
  • Drug-offences
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