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South Africa Case Law

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Criminal Law [2018] ZAGPPHC 713

Maziya v S (A420/16)

Maziya v S (A420/16) [2018] ZAGPPHC 713 (6 March 2018)

The High Court partly upheld a sentence appeal, reducing identical housebreaking sentences to 5 years each running concurrently, but confirmed a 10-year motor vehicle theft sentence.

  • Sentencing Principles
  • Housebreaking
  • Theft
  • Motor Vehicle Theft
  • Concurrent Sentences
  • Firearms Control
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Criminal Law [2017] ZAGPJHC 176

Mashavele v S (A30/2017)

Mashavele v S (A30/2017) [2017] ZAGPJHC 176 (7 June 2017)

High Court appeal against sentence for motor vehicle theft. The court found 10 years imprisonment shockingly inappropriate and substituted 7 years, with 2 years suspended.

  • Motor Vehicle Theft
  • Sentencing Principles
  • Mitigating And Aggravating Factors
  • Correctional Supervision
  • Firearms Disqualification
  • Motor-vehicle-theft
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Criminal Law [2014] ZAFSHC 246

Masiu and Others v S (A8/2014)

Masiu and Others v S (A8/2014) [2014] ZAFSHC 246 (11 December 2014)

The Free State High Court dismissed an appeal against convictions for motor vehicle theft, finding the State’s witnesses credible and the alibi false.

  • Motor Vehicle Theft
  • Alibi Defence
  • Identification Evidence
  • Credibility Of Witnesses
  • Motor-vehicle-theft
  • Alibi-defence
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Criminal Law [2014] ZAGPPHC 913

Gordon v S (A769/2012)

Gordon v S (A769/2012) [2014] ZAGPPHC 913 (14 November 2014)

The High Court reduced a seven-year sentence for motor vehicle theft to five years, finding the trial court had over-emphasised the offence and ignored mitigating factors.

  • Sentencing Principles
  • Motor Vehicle Theft
  • Mitigating Factors
  • Deterrence
  • First Offender
  • Proportionality Of Sentence
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Criminal Law [2013] ZAECGHC 116

Sijadu v S (CA&R 84/2013)

Sijadu v S (CA&R 84/2013) [2013] ZAECGHC 116 (30 January 2013)

Appeal against a motor vehicle theft conviction dismissed. The High Court held that recent possession, plus incriminating items and false plates, supported guilt.

  • Theft
  • Recent Possession Doctrine
  • Burden Of Proof
  • Innocent Explanation
  • Motor Vehicle Theft
  • Recent-possession-doctrine
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Criminal Law [2012] ZAWCHC 334

Links v S (A218/12)

Links v S (A218/12) [2012] ZAWCHC 334 (19 October 2012)

The High Court upheld a motor theft conviction, finding the appellant foresaw the vehicle may be stolen, but reduced the sentence to a wholly suspended term.

  • Motor Vehicle Theft
  • Dolus Eventualis
  • Circumstantial Evidence
  • Sentencing Principles
  • Motor-vehicle-theft
  • Dolus-eventualis
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Criminal Law [2010] ZAWCHC 184

Cassiem v S (A445/2009)

Cassiem v S (A445/2009) [2010] ZAWCHC 184 (13 August 2010)

The High Court dismissed an appeal against conviction and sentence for theft of a motor vehicle, upholding four years’ direct imprisonment.

  • Theft
  • Motor Vehicle Theft
  • Appeal Against Conviction
  • Appeal Against Sentence
  • Sentencing Principles
  • Criminal-law
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Criminal Law [2009] ZAGPPHC 390

Mahlaku v S (A489/2008)

Mahlaku v S (A489/2008) [2009] ZAGPPHC 390 (14 October 2009)

The High Court upheld the appeal against a motor vehicle theft conviction, finding the State had not proved beyond reasonable doubt that the vehicle was stolen.

  • Motor Vehicle Theft
  • Proof Beyond Reasonable Doubt
  • Ownership Of Stolen Property
  • Criminal-law
  • Motor-vehicle-theft
  • Proof-beyond-reasonable-doubt
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Criminal Law [2007] ZASCA 40

S v Smith (646/07)

S v Smith (646/07) [2007] ZASCA 40; [2007] SCA 40 (RSA) (28 March 2007)

The Supreme Court of Appeal held that a four-year direct sentence for motor vehicle theft was too severe for a first offender and substituted a partially suspended term.

  • Sentencing
  • Motor Vehicle Theft
  • First Offender
  • Mitigating Factors
  • Motor-vehicle-theft
  • First-offender
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Criminal Law [2006] ZAFSHC 118

S v Mofokeng

S v Mofokeng [2006] ZAFSHC 118 (6 April 2006)

The High Court upheld the conviction for vehicle theft but reduced an 8-year sentence to 5 years, finding the trial court was misled about prior convictions.

  • Sentencing Principles
  • Motor Vehicle Theft
  • Previous Convictions
  • Mitigating Factors
  • Criminal-sentencing
  • Motor-vehicle-theft
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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.