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South Africa Case Law

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Criminal Law [2013] ZACC 41

Minister of Justice and Constitutional Development and Another v Masingili and Others (CCT 44/13)

Minister of Justice and Constitutional Development and Another v Masingili and Others (CCT 44/13) [2013] ZACC 41; 2014 (1) BCLR 101 (CC); 2014 (1) SACR 437 (CC) (28 November 2013)

Court
Constitutional Court
Case number
CCT 44/13
Judges
Van der Westhuizen, Mogoeng, Moseneke, Cameron, Froneman, Jafta, Madlanga, Mhlantla, Nkabinde, Skweyiya, Zondo

Section 1(1)(b) of the Criminal Procedure Act does not create strict liability for accomplices to robbery with aggravating circumstances. Robbery with aggravating circumstances is not a separate crime but a form of robbery with enhanced sentencing consequences. The state must prove intent (dolus) for robbery, but not specifically for the aggravating circumstances. The existence of aggravating circumstances is an objective fact relevant for sentencing and must be proved before conviction for reasons of fairness. The absence of intent regarding aggravating circumstances may be considered as a m…

Source excerpt

  • Minimum Sentencing
  • Culpability
  • Presumption Of Innocence
  • Robbery With Aggravating Circumstances
  • Accomplice Liability
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Criminal Law [2012] ZAFSHC 228

S v Phakoe (337/2012)

S v Phakoe (337/2012) [2012] ZAFSHC 228 (6 December 2012)

Court
Free State High Court, Bloemfontein
Case number
337/2012
Judges
Rampai, Jordaan

The court found that the accused did not freely and without undue influence admit all the elements of the charge, particularly unlawfulness and intent to do grievous bodily harm. The magistrate's persistent and excessive questioning, after the accused denied knowledge of unlawfulness and intent, exceeded the permissible bounds of section 112 and amounted to material irregularity. The accused's responses indicated a lack of admission of key elements, and the court failed to apply section 113 when required. Furthermore, there was insufficient evidence regarding the nature of the injuries and in…

Source excerpt

  • Assault With Intent To Do Grievous Bodily Harm
  • Section 112 Procedure
  • Unlawfulness
  • Culpability
  • Section 113 Procedure
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.