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South Africa Case Law

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Criminal Law [2022] ZAWCHC 174

S v Kwaza and Others (CC68/2018)

S v Kwaza and Others (CC68/2018) [2022] ZAWCHC 174; 2023 (1) SACR 335 (WCC) (6 September 2022)

Leave to appeal was refused on conviction, but granted on sentence only for the life terms imposed on accused 2, 3 and 4.

  • Murder
  • Joint Possession Of Firearm
  • Common Purpose
  • Pre Sentence Detention
  • Mandatory Sentences
  • Leave To Appeal
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Criminal Law [2020] ZASCA 102

Mbatha v S (928/20)

Mbatha v S (928/20) [2020] ZASCA 102 (15 September 2020)

The Supreme Court of Appeal granted reconsideration, finding arguable error on joint possession of a firearm and sentencing concerns, and allowed leave to appeal.

  • Joint Possession Of Firearm
  • Exceptional Circumstances
  • Leave To Appeal
  • Sentencing Principles
  • Joint-possession-of-firearm
  • Exceptional-circumstances
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Criminal Law [2019] ZAWCHC 182

S v Makhala and Others (SS06/2019)

S v Makhala and Others (SS06/2019) [2019] ZAWCHC 182 (11 December 2019)

The court found that the statements made by Luzuko Makhala to the police were admissible as hearsay evidence under Section 3(1)(c) of the Law of Evidence Amendment Act, as they were made freely and voluntarily, corroborated by objective and circumstantial evidence, and their admission was in the interests of justice. The court rejected the accused's version as improbable and unconvincing, noting inconsistencies and suspicious conduct, including attempts to mislead police and evade arrest. The identification of accused 3 by the deceased's family, corroborated by cell phone and circumstantial e…

  • Murder
  • Conspiracy To Commit Murder
  • Joint Possession Of Firearm
  • Admissibility Of Hearsay
  • Section 204 Witness
  • Common Purpose
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Criminal Law [2017] ZAGPPHC 1084

Lehsilo v S (A801/2015)

Lehsilo v S (A801/2015) [2017] ZAGPPHC 1084 (12 October 2017)

The High Court dismissed an appeal against convictions for housebreaking and firearm offences, and upheld a 15-year sentence as proportionate.

  • Housebreaking With Intent
  • Joint Possession Of Firearm
  • Common Purpose
  • Sentencing Principles
  • Mitigating Factors
  • Housebreaking-with-intent
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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.