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South Africa Case Law

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Criminal Law [2015] ZAGPPHC 772

Seleke v S (A879 /14)

Seleke v S (A879 /14) [2015] ZAGPPHC 772 (26 October 2015)

The High Court upheld the rape, assault and housebreaking convictions, but set aside the convictions on two rape counts and remitted sentence for reconsideration.

  • Rape
  • Sentencing
  • Joint Criminal Enterprise
  • Mens Rea
  • Housebreaking
  • Assault With Intent To Do Grievous Bodily Harm
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Criminal Law [2000] ZASCA 91

S v Peterson and Another (374/99)

S v Peterson and Another (374/99) [2000] ZASCA 91; [2001] 2 All SA 349 (A); 2001 (1) SACR 16 (SCA) (21 November 2000)

The court set aside lengthy prison sentences imposed on two juvenile offenders because no proper pre-sentence reports were obtained before sentencing.

  • Sentencing Of Youth Offenders
  • Pre Sentence Reports
  • Murder
  • Joint Criminal Enterprise
  • Criminal-law
  • Sentencing
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Criminal Law [1991] ZASCA 192

S v Malinga (290/91)

S v Malinga (290/91) [1991] ZASCA 192 (29 November 1991)

The Supreme Court of Appeal held that the trial court erred in relying on the appellant's confession to a peace officer and his evidence in the trial-within-a-trial to establish direct intent in the Brinck murder. The only admissible evidence established that the appellant was part of a group and did not personally inflict the fatal wounds, and his intent was at most dolus eventualis. In the Grey murder, the court found that the appellant did not enter the house with the intent to kill, and the killing occurred in a desperate attempt to escape after being chased. The court concluded that, con…

  • Admissibility Of Confessions
  • Dolus Eventualis
  • Sentencing Principles
  • Mitigating And Aggravating Factors
  • Death Penalty
  • Joint Criminal Enterprise
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Criminal Law [1987] ZASCA 56

S v Masilela and Another (425/86)

S v Masilela and Another (425/86) [1987] ZASCA 56 (27 May 1987)

Criminal appeal on identification, admissibility of pointing-out evidence, robbery, murder, attempted murder, housebreaking, and firearm possession. Appeals dismissed.

  • Identification Evidence
  • Admissibility Of Confessions
  • Joint Criminal Enterprise
  • Robbery With Aggravating Circumstances
  • Murder
  • Unlawful Possession Of Firearms
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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.