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South Africa decisions
Decisions matching the current search
S v Mavuso (HC09/2024) [2024] ZANWHC 268 (7 June 2024)
High Court review set aside an undefended accused’s theft conviction and sentence after finding multiple procedural irregularities in plea, mitigation, and firearm proceedings.
S v Bergman; S v Matume (14 /884/2021; T1715/2018) [2023] ZAWCHC 60; 2023 (1) SACR 533 (WCC) (17 March 2023)
The High Court found that in both matters, the magistrates failed to adequately canvass all the elements of the offences during plea proceedings. In Bergman, the questioning did not establish intention or unlawfulness, and the magistrate conceded this error. In Matume, the accused's lack of knowledge regarding the unlawfulness of his conduct was not properly addressed, and the court failed to invoke section 113 of the CPA when a defence was raised. The sentences imposed, particularly the suspended sentence in Matume, were not competently formulated as they lacked clarity regarding the period…
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S v Kotze; S v Ntulo (371/2022;363/2022) [2023] ZAWCHC 15; 2023 (1) SACR 426 (WCC) (25 January 2023)
High Court review of two magistrates’ court plea records set aside Kotze’s conviction and sentence and amended Ntulo’s conviction to negligent driving.
S v Elmie (143/21; 16/2021) [2021] ZAWCHC 188 (11 May 2021)
The magistrate's questioning of the unrepresented accused during plea proceedings was perfunctory and lacked essential detail. The accused did not specifically admit that the tik lolly contained methamphetamine, nor was his knowledge of the substance tested. The court failed to obtain or examine a certificate of analysis to corroborate the nature of the substance. The accused was not properly informed of his rights to review and appeal. These irregularities were gross and led to a complete failure of justice, rendering the conviction and sentence unsafe. The proceedings were not in accordance…
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S v Van Der Merwe (A716/2014) [2014] ZAGPPHC 782 (29 September 2014)
High Court review set aside a magistrate’s conviction and sentence for driving under the influence after finding gross irregularities in the section 112 plea proceedings.
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