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South Africa Case Law

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Criminal Law [2019] ZAGPPHC 328

Mosepele v S (A101//2018)

Mosepele v S (A101//2018) [2019] ZAGPPHC 328 (18 July 2019)

The High Court upheld an appeal against sentence, reducing a 12-year term to 5 years after finding the magistrate failed to properly weigh drug dependency and rehabilitation.

  • Sentencing Principles
  • Drug Dependency
  • Habitual Criminal Declaration
  • Prevention And Treatment For Substance Abuse Act
  • Appellate Interference
  • Personal Circumstances In Sentencing
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Criminal Law [2014] ZAGPJHC 91

Trichart v S (A441/2013)

Trichart v S (A441/2013) [2014] ZAGPJHC 91; 2014 (2) SACR 245 (GJ) (2 April 2014)

The High Court set aside a habitual-criminal sentence, finding the magistrate misdirected himself by rejecting a probation report and ignoring drug dependency.

  • Habitual Criminal Declaration
  • Sentencing Discretion
  • Drug Dependency
  • Probation Officer Reports
  • Criminal Procedure Act
  • Firearm Licence Disqualification
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Criminal Law [2012] ZAWCHC 286

Johnson v S (A627/2011)

Johnson v S (A627/2011) [2012] ZAWCHC 286 (10 August 2012)

The High Court dismissed an appeal against sentence, finding no material misdirection by the magistrate and no basis to interfere with the term imposed.

  • Sentencing Principles
  • Triad Principle
  • Misdirection On Sentence
  • Probation Report
  • Drug Dependency
  • Sentencing-principles
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Criminal Law [2012] ZAECGHC 54

Heunis v S (CA & R 358/2011)

Heunis v S (CA & R 358/2011) [2012] ZAECGHC 54 (25 June 2012)

The High Court allowed a sentence appeal in a shoplifting matter and replaced a three-year prison term with a wholly suspended sentence.

  • Theft
  • Sentencing
  • Suspended Sentence
  • Drug Dependency
  • Pre Sentence Report
  • Suspended-sentence
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Criminal Law [1993] ZASCA 131

S v Schlebusch (116/92)

S v Schlebusch (116/92) [1993] ZASCA 131 (23 September 1993)

Appeal against sentence allowed: a prison term for attempted car theft was replaced with rehabilitation and a wholly suspended sentence, given drug dependency.

  • Sentencing Discretion
  • Drug Dependency
  • Rehabilitation Orders
  • Attempted Theft
  • Sentencing-discretion
  • Drug-dependency
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Criminal Law [1986] ZASCA 135

S v Reay (161/86)

S v Reay (161/86) [1986] ZASCA 135 (27 November 1986)

A drug-dependent first offender’s prison sentences for pharmacy burglaries were replaced with suspended sentences and compulsory rehabilitation.

  • Sentencing Principles
  • Drug Dependency
  • Rehabilitation Orders
  • Mitigating Factors
  • Sentencing-principles
  • Drug-dependency
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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.