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South Africa Case Law

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Criminal Law [2024] ZANWHC 39

S v Ngulashi (01/2024)

S v Ngulashi (01/2024) [2024] ZANWHC 39 (14 February 2024)

On special review, the High Court set aside the guilty plea proceedings on theft because the accused did not admit intention, but confirmed the trespassing proceedings.

  • Guilty Plea Requirements
  • Elements Of Theft
  • Statutory Trespass
  • Criminal Procedure Act Section 302
  • Criminal-procedure
  • Guilty-plea
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Criminal Law [2016] ZAFSHC 209

S v Reditsebe (R180/2016)

S v Reditsebe (R180/2016) [2016] ZAFSHC 209 (15 December 2016)

On review, the High Court set aside a guilty plea conviction for driving under the influence because the accused was not properly questioned on impairment.

  • Driving Under Influence
  • Criminal Procedure Act Section 302
  • Plea Of Guilty
  • Admission Of Elements
  • Suspension Of Drivers Licence
  • Driving-under-influence
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Criminal Law [2013] ZAFSHC 109

S v Mokokolo (10/2013)

S v Mokokolo (10/2013) [2013] ZAFSHC 109 (30 May 2013)

The High Court set aside a speeding conviction on review, holding that the State had not proved intention and that the accused should not have been required to testify to establish it.

  • Criminal Procedure Act Section 302
  • Intention In Criminal Law
  • Self Incrimination
  • Section 174 Discharge
  • Speeding Offence
  • Criminal-procedure
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Criminal Law [2012] ZAECGHC 40

S v Mekula (CA&R 147/2012)

S v Mekula (CA&R 147/2012) [2012] ZAECGHC 40; 2012 (2) SACR 521 (ECG) (16 May 2012)

High Court review substituted attempted theft for theft after finding the owner’s control was not полностью displaced before the accused was stopped.

  • Theft
  • Attempted Theft
  • Criminal Procedure Act Section 302
  • Criminal Procedure Act Section 303
  • Guilty Plea
  • Sentencing
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Criminal Law [2009] ZAFSHC 40

S v Mokgokane and Others (775/08)

S v Mokgokane and Others (775/08) [2009] ZAFSHC 40 (26 March 2009)

On automatic review, the Free State High Court set aside convictions and sentences because the criminal record was materially defective and could not be reconstructed.

  • Automatic Review
  • Defective Record
  • Criminal Procedure Act Section 302
  • Setting Aside Conviction
  • Automatic-review
  • Defective-record
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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.