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South Africa Case Law

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Criminal Law [2014] ZAGPPHC 183

Scott v S (A793/2013)

Scott v S (A793/2013) [2014] ZAGPPHC 183 (1 April 2014)

The High Court dismissed an appeal against sentence for manslaughter, theft of a motor vehicle, and fraud, finding no misdirection in the magistrate’s sentence.

  • Sentencing Discretion
  • Appeal Against Sentence
  • Manslaughter
  • Theft
  • Fraud
  • Criminal-sentencing
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Criminal Law [2013] ZAFSHC 68

S v van Wyk (A58/2013)

S v van Wyk (A58/2013) [2013] ZAFSHC 68 (9 May 2013)

The Free State High Court refused the State leave to appeal against a sentence of corrective supervision for culpable homicide.

  • Leave To Appeal By State
  • Sentencing Discretion
  • Manslaughter
  • Corrective Supervision
  • Judicial Interference With Sentence
  • Leave-to-appeal
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Criminal Law [2011] ZAWCHC 365

S v Booysen and Another (SS06/11)

S v Booysen and Another (SS06/11) [2011] ZAWCHC 365 (18 August 2011)

The court convicted Chantel Booysen of culpable homicide after finding she inflicted fatal injuries on her two-year-old son. Quinton Aysen was acquitted.

  • Manslaughter
  • Criminal Liability Of Parents
  • Burden Of Proof
  • Prima Facie Case
  • Dolus Eventualis
  • Culpable-homicide
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Criminal Law [2010] ZAFSHC 119

S v Matlhobe (409/2010)

S v Matlhobe (409/2010) [2010] ZAFSHC 119 (26 August 2010)

On special review, the High Court corrected an internally inconsistent sentence and replaced it with five years’ imprisonment under section 276(1)(i), plus a firearm disqualification.

  • Manslaughter
  • Sentencing
  • Correctional Supervision
  • Firearms Ineligibility
  • Special-review
  • Criminal-procedure-act
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Criminal Law [2006] ZANCHC 58

S v Mganu (CA&R 69/2006)

S v Mganu (CA&R 69/2006) [2006] ZANCHC 58 (17 November 2006)

Appeal against murder conviction partly succeeded: the court substituted culpable homicide and reduced the sentence to four years' imprisonment.

  • Self Defence
  • Dolus Eventualis
  • Manslaughter
  • Appeal Against Conviction
  • Sentencing Principles
  • Criminal-law
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Criminal Law [2003] ZAFSHC 30

S v Cloete (A325/2003)

S v Cloete (A325/2003) [2003] ZAFSHC 30 (27 November 2003)

The appellate court found that the trial court had overemphasised the respondent's personal circumstances and failed to give sufficient weight to the seriousness of the offence and the interests of the community. The respondent's lack of genuine remorse and his conduct after the crime, including attempts to conceal the body and evidence, were aggravating factors. The court held that the sentence imposed was disturbingly inappropriate and did not reflect the gravity of the offence or the need for deterrence. The appellate court set aside the original sentence and imposed a sentence of ten year…

  • Sentencing Principles
  • Manslaughter
  • Mitigating And Aggravating Factors
  • Remorse
  • Violent Crime
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Criminal Law [2003] ZANCHC 42

Tonyane and Another v S (CA & R 16/03)

Tonyane and Another v S (CA & R 16/03) [2003] ZANCHC 42 (22 September 2003)

The appellate court found that the trial court erred in elevating the appellants' awareness that the deceased 'ought to have' died from exposure to a finding that they 'actually foresaw' death as a possible consequence of their conduct. The evidence, including the medical testimony, indicated that the deceased died from exposure after being assaulted and left naked and unconscious. However, there was no direct evidence that the appellants subjectively foresaw death as a possible outcome. The court held that the correct conviction should be for culpable homicide, not murder. The sentences for…

  • Dolus Eventualis
  • Manslaughter
  • Appeal Against Conviction
  • Sentencing
  • Identification Evidence
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Criminal Law [2002] ZANCHC 5

S v Ndlovu (CA & R 162/01)

S v Ndlovu (CA & R 162/01) [2002] ZANCHC 5 (11 March 2002)

The High Court upheld an appeal against a culpable homicide conviction, finding the appellant acted in lawful self-defence when she stabbed a stronger attacker.

  • Self Defence
  • Manslaughter
  • Objective Test
  • Proportionality In Defence
  • Onus Of Proof
  • Self-defence
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Criminal Law [1997] ZASCA 111

S v Leeuw (14/95)

S v Leeuw (14/95) [1997] ZASCA 111 (27 November 1997)

The Supreme Court of Appeal upheld the attempted-robbery conviction, set aside the death sentence as unconstitutional, and remitted murder sentencing.

  • Murder
  • Manslaughter
  • Robbery With Aggravating Circumstances
  • Common Purpose
  • Credibility Of Accomplice Evidence
  • Criminal-law
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Criminal Law [1995] ZASCA 139

S v De Ru (134/94)

S v De Ru (134/94) [1995] ZASCA 139 (23 November 1995)

The Supreme Court of Appeal found no sufficient grounds to disturb the trial court's acceptance of the evidence of Hammond, Nel, and Pienaar, whose testimonies were corroborated and not shown to be the result of improper pressure. The appellant's version of events was found to be highly improbable and inconsistent with the facts. The court held that section 49(2) of the Criminal Procedure Act did not justify the appellant's use of lethal force in the Sasolburg incident, as the circumstances did not warrant such action. The appellant's attempts to conceal the true facts constituted obstruction…

  • Murder
  • Manslaughter
  • Obstruction Of Justice
  • Criminal Procedure Act Section 49
  • Burden Of Proof
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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.