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South Africa decisions
Decisions matching the current search
Seroba v S (SS308/2007) [2024] ZAGPJHC 421 (29 April 2024)
The High Court dismissed leave to appeal against murder convictions and 27-year sentences, finding no reasonable prospects of success.
Magongoa v S (A1038/2011 – SP44/2011) [2014] ZAGPPHC 22 (19 February 2014)
The Court found that the missing evidence was not material to the grounds of appeal, which focused on the appellant's intention and the rejection of his version by the Magistrate. The evidence of Kate and Linkie Madiba was summarised in the Magistrate's judgment and was not challenged during cross-examination. The psychiatric report confirmed that the appellant did not suffer from a mental disorder affecting his ability to distinguish right from wrong. The appellant admitted to inflicting the fatal wound, and the Magistrate's rejection of his version as improbable was justified. The record wa…
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S v Francis (253/97) [1999] ZASCA 11 (18 March 1999)
The court found that the appellant's actions on the night in question were deliberate, purposeful, and indicative of criminal capacity. Despite substantial intoxication, the appellant demonstrated awareness of his conduct, appreciation of its wrongfulness, and control over his actions. The evidence established intent in the form of dolus directus for the murder of the deceased and dolus eventualis for the shooting of Gobey. The trial court erred in convicting the appellant of assault with intent to do grievous bodily harm instead of attempted murder regarding Gobey. The appeal against convict…
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