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South Africa Case Law

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Criminal Law [2021] ZAWCHC 192

Haywood v S (A108/21)

Haywood v S (A108/21) [2021] ZAWCHC 192 (21 September 2021)

The court found no misdirection in the magistrate's refusal of bail and held that the appellant failed to demonstrate exceptional circumstances justifying release. The existence of a forged J7 bail release document in the appellant's prison file and the disappearance of the related fraud docket were considered prima facie evidence of an attempt to compromise the administration of justice. The seriousness of the charges, the strength of the State's case, and the fact that the offences were committed while the appellant was out on bail further weighed against release. The court concluded that g…

  • Bail Application
  • Schedule 6 Offences
  • Exceptional Circumstances
  • Administration Of Justice
  • Condonation
  • Forged Documents
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Criminal Law [1995] ZASCA 54

S v Motsoeneng (77/92)

S v Motsoeneng (77/92) [1995] ZASCA 54 (19 May 1995)

The court held that while the legislature treats aiding and abetting illegal immigration as a serious crime, the appellant's position on the scale of guilt did not warrant a wholly unsuspended sentence near the maximum penalty. The appellant was not a master organiser, had no previous convictions, and her personal circumstances were significant. The magistrate did not misdirect himself, but the severity of the sentence justified interference. A fine was deemed inappropriate as it could be viewed as venture capital and might be paid by someone other than the appellant. The appropriate sentence…

  • Aiding And Abetting
  • Illegal Immigration
  • Sentencing Discretion
  • Forged Documents
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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.