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South Africa Case Law

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Criminal Law [2024] ZAECMKHC 93

S v Manzana and Another (CC31/2024)

S v Manzana and Another (CC31/2024) [2024] ZAECMKHC 93 (14 August 2024)

Sentencing judgment in a murder and robbery case arising from farm housebreakings and a shooting death. The High Court imposed life imprisonment and concurrent terms.

  • Murder
  • Robbery With Aggravating Circumstances
  • Housebreaking And Theft
  • Unlawful Possession Of Firearm
  • Unlawful Possession Of Ammunition
  • Minimum Sentencing Legislation
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Criminal Law [2024] ZAWCHC 256

Kamfer v S (A73/2024)

Kamfer v S (A73/2024) [2024] ZAWCHC 256 (13 May 2024)

Criminal appeal dismissed: the High Court upheld four housebreaking convictions and a 20-year effective sentence, finding no material error in the trial court's assessment of accomplice evidence.

  • Accomplice Evidence
  • Housebreaking And Theft
  • Sentencing Discretion
  • Credibility Of Witnesses
  • Accomplice-evidence
  • Housebreaking-and-theft
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Criminal Law [2023] ZAGPPHC 1175

Marema v S (A317/2019)

Marema v S (A317/2019) [2023] ZAGPPHC 1175 (13 September 2023)

Appeal against a conviction for housebreaking and theft succeeded because the appellant’s explanation was reasonably possibly true and the State’s evidence was too contradictory.

  • Doctrine Of Recent Possession
  • Credibility Of Witnesses
  • Circumstantial Evidence
  • Burden Of Proof
  • Housebreaking And Theft
  • Criminal-law
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Criminal Law [2022] ZAECMKHC 78

Mboya v S (CA&R 75/2022)

Mboya v S (CA&R 75/2022) [2022] ZAECMKHC 78 (18 October 2022)

Appeal against sentence dismissed. The High Court upheld a 15-year minimum sentence for robbery with aggravating circumstances and found no basis to interfere.

  • Minimum Sentences
  • Robbery With Aggravating Circumstances
  • Housebreaking And Theft
  • Sentencing Discretion
  • Period In Custody
  • Substantial And Compelling Circumstances
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Criminal Law [2021] ZAGPPHC 879

Skeyi and Another v S (A25/2021 SA 7/2021)

Skeyi and Another v S (A25/2021 SA 7/2021) [2021] ZAGPPHC 879 (22 December 2021)

Appeal against conviction for housebreaking and theft was dismissed, but the sentence was reduced from 15 years to 10 years and ordered to run concurrently.

  • Housebreaking And Theft
  • Possession Of Housebreaking Implements
  • Appeal Record Adequacy
  • Sentencing Discretion
  • Concurrent Sentences
  • Housebreaking-and-theft
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Criminal Law [2021] ZAGPJHC 771

Sibaya v S (A68/2019)

Sibaya v S (A68/2019) [2021] ZAGPJHC 771 (6 December 2021)

The High Court upheld an appeal against a 12-year sentence for housebreaking and theft, reducing it to six years for disproportionality.

  • Sentencing Principles
  • Proportionality
  • Recidivism
  • Housebreaking And Theft
  • Mitigating Factors
  • Criminal-sentencing
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Criminal Law [2021] ZAECGHC 106

Gwama v S (CA&R52/2020)

Gwama v S (CA&R52/2020) [2021] ZAECGHC 106 (25 November 2021)

Appeal against convictions and sentences for robbery with aggravating circumstances and housebreaking with intent to steal and theft was dismissed.

  • Robbery With Aggravating Circumstances
  • Housebreaking And Theft
  • Identification Evidence
  • Minimum Sentencing
  • Alibi Defence
  • Identification-evidence
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Criminal Law [2021] ZAWCHC 92

Willemse v S (A 80 / 2021)

Willemse v S (A 80 / 2021) [2021] ZAWCHC 92; 2022 (1) SACR 43 (WCC) (11 May 2021)

Sentence appeal in a housebreaking and theft case: the High Court upheld the sentence on count 1 but altered count 2 to run half concurrently.

  • Sentencing Principles
  • Concurrent Sentences
  • Cumulative Effect
  • Housebreaking And Theft
  • Remorse
  • Pre-sentencing Detention
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Criminal Law [2020] ZAKZPHC 21

Mntungwa v S (AR11/2019)

Mntungwa v S (AR11/2019) [2020] ZAKZPHC 21 (10 July 2020)

The High Court set aside a robbery conviction based on unreliable dock identification and substituted several housebreaking convictions with a section 36 competent verdict.

  • Identification Evidence
  • Competent Verdicts
  • Possession Of Suspected Stolen Property
  • Housebreaking And Theft
  • Dock Identification
  • Circumstantial Evidence
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Criminal Law [2019] ZAGPJHC 479

Seshoka v S (A152/2017)

Seshoka v S (A152/2017) [2019] ZAGPJHC 479 (7 November 2019)

Appeal against a 15-year sentence for housebreaking and theft succeeded after the High Court found the sentence shockingly inappropriate and reduced it to 10 years.

  • Sentencing Principles
  • Minimum Sentences
  • Mitigating Factors
  • Housebreaking And Theft
  • Pre Sentence Detention
  • Criminal-sentencing
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About this LexChat collection

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.