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South Africa Case Law

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Criminal Law [1993] ZASCA 155

S v Msizi and Another (637/92)

S v Msizi and Another (637/92) [1993] ZASCA 155 (29 September 1993)

Appeal against death sentences for murder dismissed. The court found extreme brutality, premeditation, and overwhelming aggravation outweighed youth and no prior convictions.

  • Murder
  • Attempted Murder
  • Theft
  • Sentencing
  • Aggravating Circumstances
  • Political Motive
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Criminal Law [1992] ZASCA 234

S v Botha en 'n Ander, S v Marais (625/1991, 197/1991)

S v Botha en 'n Ander, S v Marais (625/1991, 197/1991) [1992] ZASCA 234; 1993 (2) SA 76 (AD); (27 November 1992)

The court found that the appellants acted with full awareness of the criminality of their conduct, motivated by a desire for revenge rather than any legitimate political objective. The attack was planned, executed with deadly weapons, and targeted innocent civilians who had no connection to the earlier incident. The court rejected arguments that political or religious beliefs, or the earlier stabbing incident, could serve as meaningful mitigation. The aggravating factors, including the calculated nature of the attack, its brutality, and the threat to public safety, overwhelmingly outweighed a…

  • Murder
  • Attempted Murder
  • Unlawful Possession Of Firearms
  • Sentencing
  • Mitigating And Aggravating Factors
  • Political Motive
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Criminal Law [1988] ZASCA 40

S v McBride (40/88)

S v McBride (40/88) [1988] ZASCA 40 (30 March 1988)

The court upheld a murder conviction appeal ruling that no extenuating circumstances existed, finding no misdirection in considering the crime's nature and victims.

  • Extenuating Circumstances
  • Murder
  • Internal Security Act
  • Political Motive
  • Moral Blameworthiness
  • Extenuating-circumstances
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