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South Africa Case Law

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Criminal Law [2015] ZAFSHC 87

S v Shale (38/2015)

S v Shale (38/2015) [2015] ZAFSHC 87 (30 April 2015)

High Court review setting aside a guilty-plea conviction for possession of mandrax, after the accused did not admit essential elements and review rights were not explained.

  • Drug Possession
  • Essential Elements Of Offence
  • Automatic Review
  • Conviction And Sentence
  • Review Rights
  • Criminal-law
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Criminal Law [2012] ZAGPPHC 52

S v Molefe (A240/12)

S v Molefe (A240/12) [2012] ZAGPPHC 52; 2012 (2) SACR 574 (GNP) (3 April 2012)

Review judgment setting aside a conviction for concealment of birth because the prosecution lacked written authorisation, and the evidence did not prove disposal or fetal viability.

  • Concealment Of Birth
  • Authorisation To Prosecute
  • Viability Of Fetus
  • Plea Admissions
  • Essential Elements Of Offence
  • Concealment-of-birth
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Criminal Law [2001] ZANCHC 4

S v Modiakgotla and Another (220/2001)

S v Modiakgotla and Another (220/2001) [2001] ZANCHC 4 (24 April 2001)

On review after guilty pleas, the court held accused 1 had not unequivocally admitted an essential element under section 112(1)(b), so his conviction was set aside.

  • Guilty Plea Procedure
  • Essential Elements Of Offence
  • Article 112 1 B Inquiry
  • Conviction Review
  • Guilty-plea-procedure
  • Criminal-appeals-and-review
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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.