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South Africa Case Law

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Criminal Law [2018] ZAWCHC 105

Kruse v S (A100/2018)

Kruse v S (A100/2018) [2018] ZAWCHC 105; [2019] 4 All SA 287 (WCC) (27 August 2018)

Appeal upheld after the court found a deaf, mute accused was denied a fair trial through inadequate interpretation, refusal of evidence, and judicial bias.

  • Fair Trial Rights
  • Interpreters In Criminal Proceedings
  • Disability Accommodation
  • Constitutional Rights
  • Bias And Impartiality
  • Dignity Of Accused
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Criminal Law [2016] ZALMPTHC 12

S v C.S.M (30/2016)

S v C.S.M (30/2016) [2016] ZALMPTHC 12 (4 March 2016)

The conviction for assault with intent to do grievous bodily harm is confirmed, as the State proved its case beyond reasonable doubt. However, the sentence imposed by the trial court was excessive and not supported by a proper consideration of the accused's personal circumstances. The record lacked sufficient information regarding the accused's age and financial position, and the accused was subjected to disrespectful treatment during sentencing. The High Court intervened to ensure that sentencing principles were properly applied and that the accused was treated with dignity, substituting the…

  • Assault With Intent To Do Grievous Bodily Harm
  • Sentencing Principles
  • Judicial Intervention
  • Dignity Of Accused
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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.