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South Africa Case Law

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Criminal Law [2020] ZAFSHC 112

Letsatsi v S (A21/2020)

Letsatsi v S (A21/2020) [2020] ZAFSHC 112 (25 June 2020)

The High Court dismissed an appeal against conviction and an eight-year sentence for attempted rape, finding the evidence credible and the sentence fair.

  • Attempted Rape
  • Corroboration Of Evidence
  • Sentencing Discretion
  • Mitigation Of Sentence
  • Attempted-rape
  • Criminal-appeal
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Criminal Law [2016] ZAGPPHC 969

Msiya v S (A27/2016)

Msiya v S (A27/2016) [2016] ZAGPPHC 969 (29 November 2016)

The court found that the evidence of the complainant and his brother was corroborative in all material respects and that any contradictions were not material. The appellant's decision not to testify left the prosecution's evidence unchallenged. The trial court's finding that the prosecution proved the assault beyond reasonable doubt was upheld. The application for condonation was granted, but the appeal against conviction was dismissed and the conviction confirmed.

  • Assault With Intent To Do Grievous Bodily Harm
  • Right To Silence
  • Corroboration Of Evidence
  • Prima Facie Case
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Labour Law [2015] ZALCD 31

Kimar Supplies CC v Dlamini and Others (D1151/12)

Kimar Supplies CC v Dlamini and Others (D1151/12) [2015] ZALCD 31 (29 May 2015)

Labour Court review dismissed after upholding a CCMA finding of substantively unfair dismissal, reinstatement, and back pay.

  • Unfair Dismissal
  • Corroboration Of Evidence
  • Procedural Fairness
  • Reinstatement
  • Onus Of Proof
  • Disciplinary Procedure
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Criminal Law [2014] ZAECGHC 112

J.G v S (CA&R 133/2012)

J.G v S (CA&R 133/2012) [2014] ZAECGHC 112 (19 November 2014)

The High Court upheld a criminal appeal involving child complainants, finding the convictions unsafe because corroboration was inadequate and the evidence unreliable.

  • Competency Of Child Witnesses
  • Sexual Offences
  • Corroboration Of Evidence
  • Criminal Procedure Act
  • Admissibility Of Evidence
  • Child-witness-competency
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Criminal Law [2013] ZAGPPHC 481

Khumalo v S (A226/2013)

Khumalo v S (A226/2013) [2013] ZAGPPHC 481 (19 November 2013)

The court found that the complainant's evidence was corroborated by another witness and by the medical expert, whose findings were consistent with a stabbing by a sharp instrument. The appellant's version was found to be improbable and unsupported by the evidence. The trial court's acceptance of the State's case and rejection of the appellant's defence was justified. Regarding sentence, the appellate court found no misdirection and held that the sentence was proportionate to the seriousness of the offence and the permanent injuries inflicted. The appeal against both conviction and sentence wa…

  • Assault With Intent To Do Grievous Bodily Harm
  • Corroboration Of Evidence
  • Onus Of Proof
  • Sentencing Discretion
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Criminal Law [2013] ZAGPPHC 379

Khumalo v S (A226/2013)

Khumalo v S (A226/2013) [2013] ZAGPPHC 379 (19 November 2013)

The court found that the complainant's evidence was corroborated by an eyewitness and supported by expert medical testimony, which confirmed that the injuries were consistent with a stab wound inflicted by a sharp instrument. The appellant's version was found to be improbable and unsupported by the evidence. The trial court's rejection of the appellant's defence and acceptance of the State's case was justified. Regarding sentence, the appellate court found no misdirection and held that the sentence was proportionate to the seriousness of the offence and the permanent injuries inflicted. The a…

  • Assault With Intent To Do Grievous Bodily Harm
  • Corroboration Of Evidence
  • Onus Of Proof
  • Sentencing Discretion
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Criminal Law [2011] ZAWCHC 154

Vos en Anders v S (A 107/2005)

Vos en Anders v S (A 107/2005) [2011] ZAWCHC 154 (18 February 2011)

The court granted leave to appeal against convictions for housebreaking and theft, finding a real prospect another court may view corroboration as insufficient.

  • Housebreaking And Theft
  • Credibility Of Accomplice Evidence
  • Leave To Appeal
  • Standard Of Proof
  • Corroboration Of Evidence
  • Criminal-law
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Criminal Law [2009] ZANWHC 19

Bosogwe v S (CC 33/05)

Bosogwe v S (CC 33/05) [2009] ZANWHC 19 (3 September 2009)

A High Court refused leave to appeal against a rape conviction and 17-year sentence, holding the evidence supported guilt and the sentence disclosed no misdirection.

  • Rape
  • Leave To Appeal
  • Sentencing Principles
  • Consent
  • Corroboration Of Evidence
  • Leave-to-appeal
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Criminal Law [2009] ZAWCHC 76

Petersen and Another v S (CC02/2008)

Petersen and Another v S (CC02/2008) [2009] ZAWCHC 76 (6 May 2009)

The Western Cape High Court refused leave to appeal against convictions, finding no reasonable prospects of success and no material irregularity.

  • Leave To Appeal
  • Conviction Review
  • Corroboration Of Evidence
  • Irregularity In Proceedings
  • Criminal-law
  • Leave-to-appeal
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Criminal Law [2009] ZAGPPHC 67

S v Methula (A741/2006)

S v Methula (A741/2006) [2009] ZAGPPHC 67 (4 March 2009)

The High Court dismissed an appeal against a rape conviction and 10-year sentence, finding the evidence overwhelming and no basis to interfere.

  • Rape
  • Minimum Sentencing
  • Fair Trial Rights
  • Corroboration Of Evidence
  • Criminal-appeal
  • Minimum-sentencing
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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.