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South Africa Case Law

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Criminal Law [2025] ZAGPPHC 359

Van Rooyen v S (A151/2020)

Van Rooyen v S (A151/2020) [2025] ZAGPPHC 359 (22 April 2025)

The High Court partly upheld Werner van Rooyen’s sentence appeal, reducing count 1 and reworking concurrency because the aggregate sentence was too harsh.

  • Sentencing Principles
  • Sexual Offences
  • Cumulative Sentencing
  • Mitigating And Aggravating Factors
  • Sentencing-principles
  • Cumulative-sentencing
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Criminal Law [2020] ZAECGHC 131

Ndlovu and Others v S (541/2019)

Ndlovu and Others v S (541/2019) [2020] ZAECGHC 131; [2021] 1 All SA 538 (ECG); 2021 (1) SACR 299 (ECG) (24 November 2020)

High Court appeal on unlawful search and sentence in rhino-poaching convictions. The court admitted real evidence found in a chalet and upheld the 25-year effective sentence.

  • Admissibility Of Evidence
  • Unlawful Search And Seizure
  • Section 35 5 Constitution
  • Sentencing Principles
  • Biodiversity Act Offences
  • Cumulative Sentencing
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Criminal Law [2019] ZAFSHC 257

Mhlongo and Another v S (A273/2018)

Mhlongo and Another v S (A273/2018) [2019] ZAFSHC 257 (19 September 2019)

The court set aside Sithole’s conviction after finding the identification evidence unreliable, and reduced Mhlongo’s effective sentence from 45 to 25 years.

  • Identification Evidence
  • Minimum Sentencing
  • Alibi Defence
  • Robbery With Aggravating Circumstances
  • Firearms Control Act
  • Cumulative Sentencing
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Criminal Law [2017] ZASCA 74

Ramoba v S (1301/2016)

Ramoba v S (1301/2016) [2017] ZASCA 74; 2017 (2) SACR 353 (SCA) (1 June 2017)

The Supreme Court of Appeal found that there was no evidence to support the appellant’s conviction for joint possession of the Norinco pistol (count 11), as there was no proof that he was aware of its presence or intended to possess it. However, direct and undisputed evidence established that the appellant was in possession of one of the automatic rifles (counts 12 and 13) during the robbery and hijacking, and the only reasonable inference was that the group exercised joint possession of the firearms. The court held that the cumulative sentence of 52 years’ imprisonment was shockingly inappro…

  • Joint Possession Of Firearms
  • Minimum Sentencing
  • Robbery With Aggravating Circumstances
  • Attempted Murder
  • Appeal Against Conviction
  • Cumulative Sentencing
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Criminal Law [2015] ZAGPJHC 308

Tibane v S (A102/2014)

Tibane v S (A102/2014) [2015] ZAGPJHC 308 (11 December 2015)

The High Court partially upheld an appeal against sentence, reducing the terms for fraud-related counts and confirming the remaining sentences.

  • Sentencing Principles
  • Possession Of Suspected Stolen Property
  • Fraud
  • Cumulative Sentencing
  • Misdirection In Sentencing
  • Criminal-sentencing
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Criminal Law [2015] ZANWHC 80

Dipholo v S (CA47/2015)

Dipholo v S (CA47/2015) [2015] ZANWHC 80 (12 November 2015)

Criminal appeal on sentence only. The High Court upheld the rape and robbery sentences, reduced the sexual assault sentence, and ordered concurrency for counts 1 and 2.

  • Minimum Sentences
  • Rape
  • Robbery With Aggravating Circumstances
  • Sexual Assault
  • Cumulative Sentencing
  • Sentencing Discretion
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Criminal Law [2014] ZAECGHC 84

Kleinbooi v S (CA&R159/13)

Kleinbooi v S (CA&R159/13) [2014] ZAECGHC 84 (10 October 2014)

The High Court dismissed an appeal against sentence for robbery with aggravating circumstances and firearm and ammunition possession, finding no misdirection.

  • Minimum Sentencing
  • Robbery With Aggravating Circumstances
  • Unlawful Possession Of Firearm
  • Unlawful Possession Of Ammunition
  • Cumulative Sentencing
  • Substantial And Compelling Circumstances
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Criminal Law [2011] ZASCA 172

Moswathupa v S (168/11)

Moswathupa v S (168/11) [2011] ZASCA 172; 2012 (1) SACR 259 (SCA) (29 September 2011)

The Supreme Court of Appeal reduced a 25-year effective sentence for housebreaking-related offences to 16 years after finding the trial court misdirected itself.

  • Sentencing Principles
  • Housebreaking
  • Mitigating And Aggravating Factors
  • Cumulative Sentencing
  • Appeal Against Sentence
  • Criminal-law
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Criminal Law [2011] ZAECGHC 42

Langeni v S (8/89/08)

Langeni v S (8/89/08) [2011] ZAECGHC 42; 2012 (1) SACR 413 (ECG) (14 July 2011)

The court found that the appellant's offences were serious, violent, and premeditated, committed over a period of ten months, and involved the use of firearms and gratuitous violence. Although the appellant was a first offender and had certain personal circumstances, these did not cumulatively amount to substantial and compelling circumstances justifying deviation from the prescribed minimum sentences. The cumulative sentence of 30 years imprisonment, while severe, was not disproportionate given the gravity and prevalence of the offences. The trial court had properly exercised its discretion…

  • Minimum Sentencing
  • Substantial And Compelling Circumstances
  • Armed Robbery
  • Attempted Murder
  • Cumulative Sentencing
  • Possession Of Firearms
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Criminal Law [2011] ZAECGHC 21

Dube v S (CA & R 76/2010)

Dube v S (CA & R 76/2010) [2011] ZAECGHC 21; 2012 (2) SACR 579 (ECG) (27 May 2011)

Sentence appeal over a casino robbery: the High Court upheld the mandatory minimum firearm sentence but made the kidnapping sentence concurrent, reducing the effective term to 20 years.

  • Minimum Sentencing
  • Unlawful Possession Of Firearm
  • Cumulative Sentencing
  • Substantial And Compelling Circumstances
  • Sentencing Discretion
  • 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.