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South Africa Case Law

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Criminal Law [2015] ZAFSHC 31

S v Mxhaka (191/2014)

S v Mxhaka (191/2014) [2015] ZAFSHC 31 (9 February 2015)

Automatic review of a guilty plea for drunk driving failed because the magistrate relied on leading questions and did not properly test the factual basis or the fine enquiry.

  • Driving Under Influence
  • Criminal Procedure Act Section 112
  • Leading Questions
  • Deferred Fine
  • Magistrate Enquiry
  • Criminal-procedure-act-section-112
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Criminal Law [2009] ZAKZPHC 17

S v Zerky (R421/09)

S v Zerky (R421/09) [2009] ZAKZPHC 17; 2010 (1) SACR 460 (KZP) (29 April 2009)

High Court review of a drunk-driving conviction: the court held the accused was wrongly treated as a professional driver and reduced the conviction and sentence.

  • Road Traffic Offences
  • Blood Alcohol Limit
  • Professional Driver Definition
  • Sentencing
  • Deferred Fine
  • Statutory Interpretation
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Criminal Law [2005] ZAECHC 7

S v Veldman (ECJ 010/2005)

S v Veldman (ECJ 010/2005) [2005] ZAECHC 7 (25 February 2005)

Criminal appeal on dagga dealing, legal representation, sentence, and forfeiture under the Drugs and Drug Trafficking Act.

  • Right To Legal Representation
  • Drugs And Drug Trafficking Act
  • Forfeiture Of Property
  • Sentencing Misdirection
  • Deferred Fine
  • Criminal-law
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Criminal Law [2002] ZANWHC 36

S v Nkuna (CA 108/2002)

S v Nkuna (CA 108/2002) [2002] ZANWHC 36 (14 November 2002)

High Court review of a firearm-negligence sentence held the sentence lenient but not reviewable; it corrected the structure of suspension and deferred-fine reasoning.

  • Arms And Ammunition Act
  • Negligent Handling Of Firearm
  • Sentencing Discretion
  • Suspended Sentence
  • Deferred Fine
  • 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.