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South Africa Case Law

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Criminal Law [2016] ZAECGHC 131

Okundu v S (CA&R117/16)

Okundu v S (CA&R117/16) [2016] ZAECGHC 131 (22 November 2016)

The High Court set aside convictions that duplicated fraud counts, rejected a RICA listed-equipment count, and substituted ECTA section 86(3) convictions.

  • Fraud
  • Unlawful Access To Data
  • Improper Splitting Of Charges
  • Listed Equipment
  • Contravention Of Ecta
  • Contravention Of Rica
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Criminal Law [2016] ZAGPPHC 324

S v Okankwa (A278/2016)

S v Okankwa (A278/2016) [2016] ZAGPPHC 324 (26 April 2016)

The court found that the accused was improperly convicted on two separate counts for possession of cannabis and methcathinone, as both substances are listed in the same schedule and possession at the same time constitutes a single offence. The sentence imposed by the Magistrate was partially irregular, specifically the compensation order under Section 300(1) of the Criminal Procedure Act, as there was no evidence of damage or loss to any person and no application for compensation was made. The court amended the conviction to a single count and substituted the sentence to five years imprisonme…

  • Improper Splitting Of Charges
  • Possession Of Drugs
  • Sentence Amendment
  • Section 300 Order
  • Firearm Disqualification
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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.