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South Africa Case Law

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Criminal Law [2022] ZAECMKHC 119

S v Rweqane (CC31/2022)

S v Rweqane (CC31/2022) [2022] ZAECMKHC 119 (28 October 2022)

Murder, attempted murder, robbery-related and firearm-possession convictions were entered after the court found the accused acted with common purpose.

  • Attempted Murder
  • Housebreaking With Intent To Robbery
  • Robbery With Aggravating Circumstances
  • Murder Common Purpose
  • Unlawful Possession Of Firearm
  • Unlawful Possession Of Ammunition
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Criminal Law [2022] ZAECQBHC 28

S v Gcuwa and Others (CC15/2019)

S v Gcuwa and Others (CC15/2019) [2022] ZAECQBHC 28 (7 September 2022)

The court considered the seriousness of the offences, the prescribed minimum sentences, and the personal circumstances of each accused. For accused 1 and 2, despite their dominant roles and the gravity of the offences, factors such as their ages, status as first offenders (except accused 2), four years of pretrial detention, and prospects of rehabilitation constituted substantial and compelling circumstances justifying deviation from the minimum sentences. Accused 3's role was limited to providing information, with no physical involvement or benefit from the robbery, and she accepted responsi…

  • Minimum Sentencing
  • Robbery With Aggravating Circumstances
  • Murder Common Purpose
  • Attempted Murder
  • Unlawful Possession Of Firearms
  • Sentencing Disparity
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