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South Africa Case Law

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Criminal Law [2018] ZAGPPHC 738

Joe v S (A706/2016)

Joe v S (A706/2016) [2018] ZAGPPHC 738 (16 January 2018)

The High Court dismissed Samuel Diphapang Joe’s appeal against conviction and seven-year sentence for housebreaking and theft, and upheld his firearm disqualification.

  • Housebreaking With Intent To Steal
  • Defence Of Necessity
  • Sentencing Principles
  • Firearms Control Act
  • Individualisation Of Punishment
  • Housebreaking-with-intent-to-steal
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Criminal Law [2014] ZAFSHC 217

Scott and Another v S (A188/2013)

Scott and Another v S (A188/2013) [2014] ZAFSHC 217 (25 November 2014)

The Free State High Court reduced each appellant’s rape sentence from 25 to 20 years, finding substantial and compelling circumstances justified departure from the minimum.

  • Rape
  • Minimum Sentencing
  • Mitigating Factors
  • Sentencing Discretion
  • Individualisation Of Punishment
  • Minimum-sentencing
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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.