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South Africa Case Law

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Criminal Law [2017] ZAGPPHC 41

Segalo v S (A543/2010)

Segalo v S (A543/2010) [2017] ZAGPPHC 41 (14 February 2017)

Appeal from a corruption conviction and five-year sentence dismissed. The High Court held the complainant’s evidence, though cautious, was reliable and contradictions were not material.

  • Corruption Act
  • Credibility Of Single Witness
  • Evaluation Of Evidence
  • Sentence Mitigation
  • Police Corruption
  • Corruption
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Criminal Law [2005] ZASCA 8

S v Xaba and Another (211/2004)

S v Xaba and Another (211/2004) [2005] ZASCA 8; 2005 (1) SACR 435 (SCA) (18 March 2005)

The Supreme Court of Appeal found that the sentences imposed on the appellants were excessively severe and not in line with the high water mark for similar offences, which was 14 years' imprisonment for dealing in large quantities of cannabis. The aggravating factor of police corruption justified a robust sentence but not one exceeding the established precedent. The court held that the regional magistrate did not misdirect himself, but the sentences imposed were disproportionate to the harm caused and inconsistent with sentences imposed in comparable cases. Accordingly, the sentences were red…

  • Drug Trafficking
  • Sentencing Principles
  • Aggravating Circumstances
  • Police Corruption
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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.