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South Africa Case Law

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Criminal Law [2020] ZAWCHC 89

Van der Schyff v S (A2/20)

Van der Schyff v S (A2/20) [2020] ZAWCHC 89 (20 August 2020)

The High Court set aside a conviction on one assault count after finding the trial unfair, and reduced correctional supervision from 24 to 18 months.

  • Assault With Intent To Cause Grievous Bodily Harm
  • Malicious Damage To Property
  • Fair Trial Rights
  • Plea Agreement
  • Correctional Supervision
  • Criminal-appeal
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Criminal Law [2017] ZAGPPHC 835

S v Roodt (A123/17)

S v Roodt (A123/17) [2017] ZAGPPHC 835 (20 March 2017)

The High Court set aside a conviction and sentence after the regional court failed to follow section 105A when rejecting a plea agreement and imposing a harsher sentence.

  • Plea Agreement
  • Section 105a Criminal Procedure Act
  • Review Proceedings
  • Conviction And Sentence
  • Plea-agreements
  • Criminal-procedure-act
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Criminal Law [2016] ZAGPJHC 77

S v Nkosi (SS240/2014)

S v Nkosi (SS240/2014) [2016] ZAGPJHC 77 (3 May 2016)

The accused pleaded guilty to murder and arson. The High Court imposed the prescribed minimum sentence of 15 years for murder, 5 years for arson, concurrent, and declared him unfit to possess a firearm.

  • Murder
  • Arson
  • Minimum Sentences
  • Substantial And Compelling Circumstances
  • Plea Agreement
  • Firearms Control
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Criminal Law [2010] ZAWCHC 601

S v Tongo (SS 59/2010)

S v Tongo (SS 59/2010) [2010] ZAWCHC 601 (5 December 2010)

The court accepted the accused's plea of guilty to all charges and the admissions made in terms of section 105A of the Criminal Procedure Act. The accused, together with others, conspired and executed the kidnapping, robbery, and murder of Anni Dewani, and subsequently obstructed justice by providing false affidavits. The court found that the accused's actions were intentional and unlawful, and that he acted for monetary gain. However, the court considered the cumulative mitigating factors, including the accused's personal circumstances, lack of prior convictions, sincere remorse, voluntary c…

  • Murder
  • Kidnapping
  • Robbery With Aggravating Circumstances
  • Obstructing The Administration Of Justice
  • Minimum Sentencing
  • Plea Agreement
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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.