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South Africa Case Law

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Criminal Law [2023] ZAGPJHC 934

S v J.A.S (SS 121/2022)

S v J.A.S (SS 121/2022) [2023] ZAGPJHC 934 (18 August 2023)

On sentence for murder and defeating justice, the court found substantial and compelling circumstances and imposed an effective 10-year prison term.

  • Murder
  • Domestic Violence
  • Sentencing Principles
  • Defeating The Course Of Justice
  • Minimum Sentences
  • Firearms Control
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Criminal Law [2023] ZAGPJHC 277

S v Henning (SS83/2021)

S v Henning (SS83/2021) [2023] ZAGPJHC 277 (15 March 2023)

Sentencing in a murder and justice-obstruction case. The High Court found substantial and compelling circumstances and imposed an effective 25 years’ imprisonment.

  • Murder
  • Minimum Sentencing
  • Defeating The Course Of Justice
  • Substantial And Compelling Circumstances
  • Minimum-sentencing
  • Substantial-and-compelling-circumstances
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Criminal Law [2015] ZASCA 144

Dalindyebo v S (090/2015)

Dalindyebo v S (090/2015) [2015] ZASCA 144; [2015] 4 All SA 689 (SCA); 2016 (1) SACR 329 (SCA) (1 October 2015)

The Supreme Court of Appeal found that the delay in prosecution was primarily caused by the appellant's own obstructive conduct, including intimidation of witnesses and leveraging his influence to avoid prosecution. No trial prejudice was detected, and the appellant was competently represented throughout. The trial judge's interventions were within acceptable bounds and did not compromise impartiality. On the merits, the appellant was found to have set fire to dwellings with intent to injure his subjects, and South African law recognizes arson where one sets fire to one's own immovable proper…

  • Arson
  • Culpable Homicide
  • Kidnapping
  • Assault With Intent To Do Grievous Bodily Harm
  • Defeating The Course Of Justice
  • Fair Trial Rights
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Criminal Law [2014] ZAECGHC 36

S v Jackson and Others (CC36/2013)

S v Jackson and Others (CC36/2013) [2014] ZAECGHC 36 (23 May 2014)

Sentencing judgment in an armed farm robbery case, confirming substantial prison terms for robbery with aggravating circumstances and related firearm offences.

  • Robbery With Aggravating Circumstances
  • Attempted Murder
  • Possession Of Unlicensed Firearms
  • Possession Of Ammunition
  • Minimum Sentencing Legislation
  • Defeating The Course Of Justice
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Criminal Law [1990] ZASCA 99

S v Van Der Westhuizen (527/88)

S v Van Der Westhuizen (527/88) [1990] ZASCA 99 (21 September 1990)

South Africa Supreme Court of Appeal criminal appeal on theft and defeating justice by a police officer who released a suspect and kept seized property.

  • Theft
  • Defeating The Course Of Justice
  • Police Misconduct
  • Contrectatio
  • Criminal Intent
  • Criminal-law
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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.