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South Africa Case Law

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Criminal Law [2024] ZAGPPHC 724

S v Selani (Sentence) (CC13/2023)

S v Selani (Sentence) (CC13/2023) [2024] ZAGPPHC 724 (29 July 2024)

Sentencing judgment imposing life imprisonment on three murder counts and five years for defeating the administration of justice, with consecutive sentences.

  • Murder
  • Minimum Sentencing
  • Defeating Administration Of Justice
  • Substantial And Compelling Circumstances
  • Sentencing Principles
  • Gender Based Violence
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Criminal Law [2024] ZAGPPHC 723

S v Selani (CC13/2023)

S v Selani (CC13/2023) [2024] ZAGPPHC 723 (29 July 2024)

The court found that the State proved the guilt of the accused beyond reasonable doubt on all counts. The evidence of S[...], though a single witness and an accomplice, was corroborated by forensic findings and the accused's own extra-curial statement, which was admitted as having been made freely and voluntarily. The discrepancies in S[...]’s testimony were not material and were reasonably explained by language, cultural, and traumatic factors. The accused's failure to testify in the face of direct evidence further strengthened the State's case. The murders were found to be planned and preme…

  • Murder
  • Planned Or Premeditated Murder
  • Defeating Administration Of Justice
  • Single Witness Evidence
  • Admissibility Of Statements
  • Onus Of Proof
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Criminal Law [2023] ZAKZDHC 102

S v Bailey and Others (D31/2019)

S v Bailey and Others (D31/2019) [2023] ZAKZDHC 102 (12 December 2023)

A high court convicted seven Mvimbeni security officers of murder and related offences after a taxi-rank shooting, but acquitted three accused.

  • Murder
  • Attempted Murder
  • Malicious Damage To Property
  • Defeating Administration Of Justice
  • Common Purpose
  • Minimum Sentencing
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Criminal Law [2022] ZAMPMBHC 55

S v Mndawe (Conviction) (CC22/2021)

S v Mndawe (Conviction) (CC22/2021) [2022] ZAMPMBHC 55 (4 February 2022)

The court found that the accused's conduct constituted a deliberate and systematic course of wrongful action. The accused knew each victim, all of whom visited his homestead, where arguments escalated to fatal assaults. The bodies were disposed of in a calculated manner to evade detection, with three buried in the garden and two under a cement floor. The repeated pattern over sixteen months, targeting young black females, and the methodical concealment of bodies supported the inference of premeditation. The accused's explanation of acting in the heat of the moment was rejected as improbable g…

  • Premeditated Murder
  • Serial Femicide
  • Defeating Administration Of Justice
  • Minimum Sentencing
  • Similar Fact Evidence
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Criminal Law [2021] ZAGPJHC 900

S v Ndlovu (Sentence) (SS72/2019)

S v Ndlovu (Sentence) (SS72/2019) [2021] ZAGPJHC 900 (5 November 2021)

Sentence judgment following convictions for multiple murders and related offences. The court found no substantial and compelling circumstances and imposed life imprisonment.

  • Murder
  • Fraud
  • Defeating Administration Of Justice
  • Attempted Murder
  • Incitement To Commit Murder
  • Minimum Sentencing Legislation
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Criminal Law [2021] ZAGPPHC 136

Naicker v S (A388/2019)

Naicker v S (A388/2019) [2021] ZAGPPHC 136 (22 February 2021)

The High Court upheld Ashley Naicker’s appeal, setting aside his fraud and defeating-the-administration-of-justice convictions after finding the State witnesses unreliable.

  • Fraud
  • Defeating Administration Of Justice
  • Onus Of Proof
  • Contradictory Evidence
  • Section 204 Witnesses
  • Defeating-administration-of-justice
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Criminal Law [2021] ZAGPJHC 44

S v Mjoli (SS44/2020)

S v Mjoli (SS44/2020) [2021] ZAGPJHC 44 (3 February 2021)

The High Court convicted the accused on kidnapping, assault with intent to cause grievous bodily harm, rape, murder and defeating the administration of justice.

  • Murder
  • Rape
  • Kidnapping
  • Assault With Intent To Cause Grievous Bodily Harm
  • Defeating Administration Of Justice
  • Dolus Eventualis
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Criminal Law [2020] ZAFSHC 171

Mali and Another v S (A149/2019)

Mali and Another v S (A149/2019) [2020] ZAFSHC 171 (30 April 2020)

Appeal against sentence in a murder and defeating-justice case. The High Court reduced the terms, finding the trial court misapplied minimum-sentence provisions.

  • Sentencing Principles
  • Minimum Sentences
  • Substantial And Compelling Circumstances
  • Concurrent Sentences
  • Murder
  • Defeating Administration Of Justice
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Criminal Law [2012] ZAWCHC 213

Petswa v S (A233/2012)

Petswa v S (A233/2012) [2012] ZAWCHC 213 (17 August 2012)

Appeal against sentence upheld after the court found a material misdirection in treating a Section 112(2) plea as contradicted by later evidence.

  • Sentencing Discretion
  • Mitigating Factors
  • Remorse
  • Section 112 Plea
  • Attempted Murder
  • Defeating Administration Of Justice
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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.