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South Africa Case Law

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Criminal Law [2021] ZAFSHC 122

S v Ramokgoa (R18/2021)

S v Ramokgoa (R18/2021) [2021] ZAFSHC 122 (29 April 2021)

High Court review holding that entry through an open garage door did not amount to housebreaking. The conviction was reduced to theft and the sentence amended.

  • Housebreaking With Intent To Steal And Theft
  • Elements Of Theft
  • Conviction Substitution
  • Sentence Review
  • Housebreaking
  • Theft
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Criminal Law [2018] ZAFSHC 178

S v Sinabyoni (R282/2018)

S v Sinabyoni (R282/2018) [2018] ZAFSHC 178 (28 November 2018)

On review, the High Court set aside a conviction for assault with intent to do grievous bodily harm and substituted a conviction for assault.

  • Assault With Intent To Do Grievous Bodily Harm
  • Criminal Procedure Act
  • Firearms Control Act
  • Sentencing
  • Conviction Substitution
  • Criminal-law
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Criminal Law [2017] ZAGPPHC 552

Sekgwale v S (A128/2016)

Sekgwale v S (A128/2016) [2017] ZAGPPHC 552 (25 August 2017)

The High Court substituted a housebreaking conviction where the evidence proved intent to steal and rape, and confirmed the six-year sentence.

  • Housebreaking With Intent
  • Splitting Of Charges
  • Criminal Procedure Act
  • Conviction Substitution
  • Housebreaking
  • Splitting-of-charges
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Criminal Law [2016] ZAGPPHC 402

S v Lebeko (A325/2016, B74/2013)

S v Lebeko (A325/2016, B74/2013) [2016] ZAGPPHC 402 (24 May 2016)

On special review, the High Court corrected a magistrate’s conviction from completed housebreaking and theft to attempted housebreaking and attempted theft.

  • Attempted Housebreaking
  • Attempted Theft
  • Criminal Procedure Act
  • Conviction Substitution
  • Criminal-law
  • Attempt
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Criminal Law [2008] ZAECHC 100

S v Mavela (CA&R 11/08)

S v Mavela (CA&R 11/08) [2008] ZAECHC 100; 2008 (2) SACR 608 (Ck) (25 June 2008)

On automatic review, the High Court held that the accused’s admissions did not prove entry into the house. The conviction was reduced to attempted housebreaking; sentence was confirmed.

  • Housebreaking
  • Attempted Housebreaking
  • Elements Of Entry
  • Criminal Procedure Act
  • Conviction Substitution
  • Attempted-housebreaking
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Criminal Law [2008] ZAGPHC 166

S v Ngwana (A425/08)

S v Ngwana (A425/08) [2008] ZAGPHC 166 (2 June 2008)

On review, the High Court held that the accused’s guilty plea supported common assault, not assault with intent to do grievous bodily harm, and substituted the convictions.

  • Assault With Intent To Do Grievous Bodily Harm
  • Common Assault
  • Plea Of Guilty
  • Conviction Substitution
  • Criminal-law
  • Common-assault
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Criminal Law [1989] ZASCA 95

S v Goosen (94/1989)

S v Goosen (94/1989) [1989] ZASCA 95 (5 September 1989)

The appeal concerned murder liability after an armed robbery. The court held the appellant foresaw fatal violence, but not the accidental firing that killed the deceased.

  • Dolus Eventualis
  • Causation
  • Manslaughter
  • Appeal Procedure
  • Conviction Substitution
  • Criminal-law
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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.