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South Africa Case Law

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Criminal Law [2017] ZAGPPHC 854

Phiri and Another v S (A726/2016)

Phiri and Another v S (A726/2016) [2017] ZAGPPHC 854 (20 November 2017)

The High Court dismissed an appeal against conviction and sentence for housebreaking and robbery, relying on circumstantial evidence, possession of stolen property, and implausible explanations.

  • Identification Evidence
  • Minimum Sentencing
  • Housebreaking And Robbery
  • Appeal Procedure
  • Criminal-law
  • Robbery
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Criminal Law [2017] ZAGPJHC 85

Sejake v S (A328/16)

Sejake v S (A328/16) [2017] ZAGPJHC 85 (22 March 2017)

The High Court upheld an appeal against sentence, finding a material misdirection and reducing the effective sentence from 26 years to 15 years.

  • Sentencing Principles
  • Minimum Sentences
  • Material Misdirection
  • Housebreaking And Robbery
  • Assault With Intent To Do Grievous Bodily Harm
  • Sentencing-principles
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Criminal Law [2016] ZAGPPHC 1026

Maleka v S (A107/2016)

Maleka v S (A107/2016) [2016] ZAGPPHC 1026 (12 December 2016)

High Court appeal against sentence by a child offender convicted of murder and robbery-related offences; life imprisonment was replaced with 20 years.

  • Minimum Sentences
  • Child Offenders
  • Sentencing Principles
  • Rehabilitation
  • Murder
  • Housebreaking And Robbery
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Criminal Law [2015] ZASCA 123

Shole v The State

Shole v The State [2015] ZASCA 123 (17 September 2015)

The Supreme Court of Appeal dismissed a criminal appeal involving alleged confession evidence and fresh fingerprint and palm print evidence linking the appellants to robbery and murder.

  • Confession Evidence
  • Fingerprint Evidence
  • Circumstantial Evidence
  • Credibility Of Witnesses
  • Housebreaking And Robbery
  • Murder
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Criminal Law [2011] ZAGPJHC 156

S v Chilenge and Another (SS20/4/2011)

S v Chilenge and Another (SS20/4/2011) [2011] ZAGPJHC 156 (3 November 2011)

High Court criminal trial on multiple housebreaking, robbery, rape and related counts. Convictions followed DNA, recent possession, eyewitness and similar-facts evidence.

  • Housebreaking And Robbery
  • Rape
  • Identification Evidence
  • Similar Facts
  • Recent Possession
  • Criminal Procedure
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Criminal Law [2009] ZAECGHC 71

Ngcani v S (CA&R 33/09)

Ngcani v S (CA&R 33/09) [2009] ZAECGHC 71 (4 November 2009)

Appeal against a 15-year minimum sentence for housebreaking and robbery dismissed. The court held there were no substantial and compelling circumstances.

  • Mandatory Minimum Sentences
  • Substantial And Compelling Circumstances
  • Housebreaking And Robbery
  • Sentencing Discretion
  • Criminal-law
  • Sentencing
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Criminal Law [2009] ZAKZPHC 14

S v Nzama and Another (AR 480/2007)

S v Nzama and Another (AR 480/2007) [2009] ZAKZPHC 14 (2 April 2009)

Appeal against conviction and sentence dismissed after court upheld the admissibility of confessions despite concerns about the police environment.

  • Admissibility Of Confession
  • Voluntariness Of Confession
  • Criminal Procedure Act
  • Housebreaking And Robbery
  • Murder
  • Common Purpose
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Criminal Law [2008] ZASCA 97

S v Eyssen (746/2007)

S v Eyssen (746/2007) [2008] ZASCA 97; [2009] 1 All SA 32 (SCA); 2009 (1) SACR 406 (SCA) (17 September 2008)

The Supreme Court of Appeal held that the State failed to prove that the Fancy Boys gang constituted an 'enterprise' as defined in the Prevention of Organised Crime Act, or that the offences for which the appellant was convicted formed part of the affairs of such an enterprise. The evidence established only a loose association of individuals, not a structured or ongoing enterprise. The appellant was acquitted on all but three common law charges, and it was not shown that those offences were part of the gang's affairs. The evidence of the accomplice Donough was unreliable and insufficiently co…

  • Prevention Of Organised Crime Act
  • Racketeering
  • Criminal Gang Activity
  • Housebreaking And Robbery
  • Accomplice Evidence
  • Sentencing Concurrency
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Criminal Law [2005] ZAFSHC 68

S v Vilo and Another

S v Vilo and Another [2005] ZAFSHC 68 (27 October 2005)

The Free State High Court dismissed an appeal against conviction, upholding findings that the appellants were correctly identified by two state witnesses.

  • Identification Evidence
  • Credibility Of Witnesses
  • Appeal On Conviction
  • Alibi Defence
  • Housebreaking And Robbery
  • Murder
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Criminal Law [1992] ZASCA 137

S v Gqabi (49/1991)

S v Gqabi (49/1991) [1992] ZASCA 137 (11 September 1992)

The appeal turned on whether the appellant’s written statement linked him to a housebreaking and killing. The court held it did and dismissed the appeal.

  • Admissibility Of Confession
  • Housebreaking And Robbery
  • Manslaughter
  • Credibility Of Evidence
  • Criminal-law
  • Confession-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.