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South Africa Case Law

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Criminal Law [2008] ZAFSHC 60

S v Smith

S v Smith [2008] ZAFSHC 60 (14 August 2008)

Criminal appeal against murder conviction and life sentence dismissed; the court held the accused's version was not reasonably possibly true and preserved the sentence.

  • Murder
  • Dolus
  • Sentencing
  • Substantial And Compelling Circumstances
  • Criminal Procedure Act
  • Mitigating Factors
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Criminal Law [1991] ZASCA 33

S v Collett (199/90)

S v Collett (199/90) [1991] ZASCA 33; 1991 (2) SA 854 (AD); [1991] 4 All SA 524 (AD) (26 March 1991)

The court held that even if the appellant possessed dagga, the State had to prove dolus, including awareness of unlawfulness. The conviction and sentence were set aside.

  • Possession Of Prohibited Substance
  • Wederregtelikheid
  • Dolus
  • Defence Of Necessity
  • Criminal Liability
  • Criminal-law
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Civil Procedure [1988] ZASCA 118

S v Mbi (47/88)

S v Mbi (47/88) [1988] ZASCA 118 (29 September 1988)

Appeal dismissed against an exception: the plaintiff failed to plead dolus or consciousness of unlawfulness for an intentional interference claim.

  • Exception Procedure
  • Wrongful Occupation
  • Aquilian Action
  • Intentional Interference With Contract
  • Dolus Requirement
  • Delict
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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.