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South Africa Case Law

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Criminal Law [2019] ZASCA 3

Tutton v S (294/18)

Tutton v S (294/18) [2019] ZASCA 3 (20 February 2019)

The Supreme Court of Appeal set aside a 15-year non-parole order because the accused was not warned or heard on the issue before it was imposed.

  • Non Parole Orders
  • Sentencing Procedure
  • Fair Trial Rights
  • Misdirection
  • Parole Eligibility
  • Non-parole-orders
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Criminal Law [2018] ZAGPJHC 107

Molefe v S (A293/2017)

Molefe v S (A293/2017) [2018] ZAGPJHC 107 (11 April 2018)

The High Court dismissed an appeal against sentence, but set aside a 12-year non-parole order made under section 276(B) of the Criminal Procedure Act.

  • Sentencing Discretion
  • Non Parole Orders
  • Minimum Sentences
  • Substantial And Compelling Circumstances
  • Criminal-sentencing
  • Non-parole-orders
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Criminal Law [2018] ZAGPPHC 222

S v Moloantoa (342/17)

S v Moloantoa (342/17) [2018] ZAGPPHC 222 (22 January 2018)

On special review, the High Court confirmed a guilty plea conviction and three-year sentence, but set aside an unlawful non-parole order imposed by the magistrate.

  • Sentencing Procedure
  • Non Parole Orders
  • Criminal Procedure Act
  • Misdirection
  • Review Of Magistrate Decisions
  • Sentencing-procedure
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Criminal Law [2017] ZAGPPHC 1306

Moloantoa v Special Review (342/17)

Moloantoa v Special Review (342/17) [2017] ZAGPPHC 1306 (22 December 2017)

On special review, the High Court confirmed a three-year sentence but set aside a non-parole order that exceeded the limits in the Criminal Procedure Act.

  • Sentencing Procedure
  • Non Parole Orders
  • Criminal Procedure Act
  • Magistrates Court Review
  • Criminal-sentencing
  • Non-parole-orders
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Criminal Law [2016] ZAGPPHC 1165

Chetty and Others v S (A268/2015)

Chetty and Others v S (A268/2015) [2016] ZAGPPHC 1165 (26 October 2016)

The High Court upheld a sentence appeal, set aside a non-parole order, and substituted a three-year prison term with a wholly suspended one-year sentence.

  • Sentencing Discretion
  • Admissibility Of Evidence
  • Non Parole Orders
  • Section 212 Statements
  • Suspended Sentence
  • Sentencing-discretion
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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.