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South Africa decisions
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S v Mkhwebane (CC25/23) [2024] ZAMPMHC 10; 2024 (1) SACR 415 (ML) (29 January 2024)
The High Court acquitted the accused of murder, convicted him under section 1(1) of the General Law Amendment Act for intoxicated offending, and imposed a partly suspended sentence.
S v Gcabashe and Another (CCD 43/2022) [2023] ZAKZDHC 79 (1 August 2023)
The court found that the State had proved beyond reasonable doubt that Mr Gcabashe was guilty of the premeditated murder of the deceased, unlawful possession of firearms and ammunition, and unlawful possession of a motor vehicle. The evidence of the State's witnesses, particularly Sergeant Ngidi and Mr Dlamini, was accepted as credible and corroborated by ballistic and circumstantial evidence. The accused's version was rejected as improbable and contrived. The doctrine of common purpose was found inapplicable to accused 2, who was discharged on all counts. The court held that inferential reas…
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