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South Africa Case Law

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Criminal Law [2024] ZANWHC 48

Malatjie v S (CA 46/21)

Malatjie v S (CA 46/21) [2024] ZANWHC 48 (26 February 2024)

Appeal against rape conviction and life sentence dismissed. The High Court found no misdirection, accepted the child complainant’s evidence, and confirmed the sentence.

  • Rape Of A Minor
  • Minimum Sentencing
  • Credibility Of Child Witness
  • Appeal On Sentence
  • Firearms Control Act Order
  • Rape-of-a-minor
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Criminal Law [2019] ZAFSHC 248

Gouws v S (A200/2018)

Gouws v S (A200/2018) [2019] ZAFSHC 248 (12 December 2019)

The court held that the distinction between theft and fraud does not reduce the seriousness of the offence in this case, as both involve actual financial loss and dishonesty. The appellant, an attorney, misappropriated trust monies entrusted to him in good faith, aggravating the offence. The court found no merit in the argument that theft is less serious than fraud for sentencing purposes. The appellant's personal circumstances were considered, but the seriousness of the offence and the interests of the community outweighed them. The sentence imposed for fraud by the trial court was deemed ap…

  • Theft By Attorney
  • Sentencing Discretion
  • Concurrent Sentences
  • Firearms Control Act Order
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Criminal Law [2019] ZAFSHC 89

Mphuthi v S (A288/2018)

Mphuthi v S (A288/2018) [2019] ZAFSHC 89 (16 May 2019)

The High Court dismissed an appeal against a life sentence for rape of a 13-year-old, holding there were no substantial and compelling circumstances.

  • Rape
  • Minimum Sentencing
  • Substantial And Compelling Circumstances
  • Sentencing Discretion
  • First Offender
  • Firearms Control Act Order
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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.