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South Africa Case Law

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Criminal Law [2023] ZAKZPHC 161

S v Dladla (CC51/2022P)

S v Dladla (CC51/2022P) [2023] ZAKZPHC 161 (28 November 2023)

The High Court convicted a police officer of murdering his partner after rejecting his private-defence version and finding the shooting unlawful and intentional.

  • Murder
  • Private Defence
  • Circumstantial Evidence
  • Onus Of Proof
  • Premeditation
  • Firearm Offences
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Criminal Law [2018] ZAECPEHC 43

S v Redhouse and Another (CC14/2017)

S v Redhouse and Another (CC14/2017) [2018] ZAECPEHC 43 (26 July 2018)

High Court sentencing judgment in a gang-related murder and shooting case, weighing extreme brutality, youth, health issues, and lack of remorse.

  • Sentencing Principles
  • Mitigating And Aggravating Factors
  • Gang Related Offences
  • Juvenile Offender
  • Victim Impact
  • Firearm Offences
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Criminal Law [2017] ZAGPPHC 308

Nkosi and Another v S (A347/2015)

Nkosi and Another v S (A347/2015) [2017] ZAGPPHC 308 (2 May 2017)

The High Court dismissed an appeal against convictions and sentences for robbery, murder and firearm-related offences, finding the identification evidence reliable and the sentences justified.

  • Identification Evidence
  • Sentencing Principles
  • Common Purpose
  • Robbery With Aggravating Circumstances
  • Murder
  • Firearm Offences
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Criminal Law [2017] ZAGPPHC 236

Mashwele v S (A629/2015)

Mashwele v S (A629/2015) [2017] ZAGPPHC 236 (16 February 2017)

On appeal, the conviction for three counts of robbery with aggravating circumstances was upheld, but the 30-year sentence was reduced to 20 years.

  • Robbery With Aggravating Circumstances
  • Minimum Sentencing
  • Mitigation Of Sentence
  • Appeal Against Sentence
  • Firearm Offences
  • Robbery-with-aggravating-circumstances
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Criminal Law [2010] ZAECGHC 99

Bruintjies and Others v S (CA & R 71/2010)

Bruintjies and Others v S (CA & R 71/2010) [2010] ZAECGHC 99 (25 October 2010)

High Court dismissed a criminal appeal against conviction and six-year sentence for robbery, rejecting alibi evidence and accepting corroborated identification and admissions.

  • Robbery With Aggravating Circumstances
  • Firearm Offences
  • Alibi Defence
  • Credibility Assessment
  • Criminal-law
  • Robbery-with-aggravating-circumstances
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Criminal Law [2010] ZAWCHC 428

Williams v S (A223/2010)

Williams v S (A223/2010) [2010] ZAWCHC 428 (4 July 2010)

The High Court held that an 18-year-old first offender’s youthfulness justified deviation from the prescribed minimum sentence for armed robbery.

  • Minimum Sentencing
  • Robbery With Aggravating Circumstances
  • Mitigating Factors
  • Youthfulness
  • Firearm Offences
  • Minimum-sentencing
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Criminal Law [2006] ZAFSHC 150

S v Mofokeng

S v Mofokeng [2006] ZAFSHC 150 (23 March 2006)

Appeal against a 15-year murder sentence dismissed. The High Court held that the shooting was brutal, no substantial and compelling circumstances existed, and deterrence justified the sentence.

  • Murder
  • Sentencing
  • Substantial And Compelling Circumstances
  • Firearm Offences
  • Substantial-and-compelling-circumstances
  • Firearm-offences
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Criminal Law [2005] ZANCHC 101

S v Montzinger (CA&R 215\03)

S v Montzinger (CA&R 215\03) [2005] ZANCHC 101 (22 September 2005)

The Northern Cape High Court dismissed an appeal against sentence for robbery with aggravating circumstances, attempted rape, and a firearm offence.

  • Sentencing Principles
  • Robbery With Aggravating Circumstances
  • Attempted Rape
  • Firearm Offences
  • Criminal-law
  • Sentencing-principles
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Criminal Law [2005] ZANWHC 30

S v Ntsime (48/04)

S v Ntsime (48/04) [2005] ZANWHC 30 (14 April 2005)

The appeal court found that the trial court correctly dismissed the appellant's version as palpably fabricated and not reasonably possibly true. The evidence established that the appellant, after a confrontation triggered by his motor vehicle being bumped, intentionally pointed a firearm at the complainant and fired shots at close range, constituting attempted murder. The fact that the shots missed was immaterial, as the appellant foresaw the risk to life and acted with the requisite intent. However, the appeal court held that the trial court misdirected itself in sentencing by failing to ade…

  • Attempted Murder
  • Sentencing Principles
  • Intention
  • Firearm Offences
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Criminal Law [2004] ZANCHC 40

S v Niewilds (CA&R 152/03)

S v Niewilds (CA&R 152/03) [2004] ZANCHC 40 (5 November 2004)

The High Court dismissed an appeal against conviction and 6-year sentence for attempted murder, finding the State witnesses credible and the sentence justified.

  • Attempted Murder
  • Firearm Offences
  • Credibility Of Witnesses
  • Sentencing Principles
  • Corrective Supervision
  • Forensic Evidence
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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.