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South Africa Case Law

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Criminal Law [2025] ZANWHC 35

S v Setenane and Another (CAP 02/2025)

S v Setenane and Another (CAP 02/2025) [2025] ZANWHC 35 (3 February 2025)

The High Court dismissed a petition for leave to appeal against sentence, holding that the petitioners had no reasonable prospects of success given their prior convictions.

  • Leave To Appeal Against Sentence
  • Possession Of Suspected Stolen Property
  • Previous Convictions
  • Sentencing Principles
  • Leave-to-appeal
  • Sentencing
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Criminal Law [2015] ZAFSHC 119

Director of Public Prosecutions FS v Abubaker (A312/2015)

Director of Public Prosecutions FS v Abubaker (A312/2015) [2015] ZAFSHC 119 (25 June 2015)

The court found that there are reasonable prospects that another court could conclude the regional magistrate erred by overemphasizing the respondent's role as primary caregiver in sentencing for a violent crime. The cases cited regarding primary caregivers pertain to economic crimes, not violent offences against a parent. The magistrate may have treated sentencing too much like a custody enquiry and underplayed the seriousness of the attempted murder. Given the premeditated nature of the crime and the severe injuries inflicted, the interests of justice require that leave to appeal be granted…

  • Leave To Appeal Against Sentence
  • Domestic Violence
  • Primary Caregiver In Sentencing
  • Attempted Murder
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Criminal Law [2012] ZAFSHC 136

Mokhoabane v S (28/2005)

Mokhoabane v S (28/2005) [2012] ZAFSHC 136 (2 August 2012)

The Free State High Court granted condonation but refused leave to appeal against sentence for housebreaking, robbery with aggravating circumstances, and murder.

  • Leave To Appeal Against Sentence
  • Sentencing Principles
  • Condonation Application
  • Leave-to-appeal-against-sentence
  • Sentencing-principles
  • Condonation
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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.