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South Africa Case Law

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Criminal Law [2019] ZAECGHC 72

Moses and Another v S (CA&R01/2018)

Moses and Another v S (CA&R01/2018) [2019] ZAECGHC 72 (9 July 2019)

Appeal against convictions for attempted murder and firearm offences failed, but the first appellant’s sentence was partially reduced by ordering concurrency.

  • Attempted Murder
  • Unlawful Possession Of Firearm
  • Unlawful Possession Of Ammunition
  • Possession Of Dagga
  • Concurrent Sentences
  • Criminal-appeal
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Criminal Law [2019] ZAGPJHC 213

Ndlela v S (A278/2018)

Ndlela v S (A278/2018) [2019] ZAGPJHC 213 (31 May 2019)

The High Court dismissed Sipho Ndlela’s appeal against conviction and sentence for dealing in dagga, finding the evidence credible and the sentence justified.

  • Dealing In Dagga
  • Possession Of Dagga
  • Appeal On Conviction
  • Appeal On Sentence
  • Onus Of Proof
  • Sentencing Principles
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Criminal Law [2018] ZAFSHC 211

S v Sisir (R238/2018)

S v Sisir (R238/2018) [2018] ZAFSHC 211 (24 December 2018)

On special review, the High Court held that the magistrate should have applied section 113 of the Criminal Procedure Act before sentence and remitted the matter.

  • Plea Of Guilty
  • Section 113 Criminal Procedure Act
  • Possession Of Dagga
  • Asylum Permit Expiry
  • Criminal-law
  • Guilty-plea
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Criminal Law [2018] ZAFSHC 216

S v Hoffmeester (R347/2018)

S v Hoffmeester (R347/2018) [2018] ZAFSHC 216 (24 December 2018)

On special review, the High Court confirmed a dagga-possession conviction but amended an overly broad suspended sentence condition to avoid retrospective prejudice.

  • Possession Of Dagga
  • Suspended Sentence Conditions
  • Constitutional Invalidity
  • Retrospective Application
  • Criminal-law
  • Dagga-possession
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Civil Procedure [2018] ZAECGHC 1

Nel v Minister of Police (CA62/2017)

Nel v Minister of Police (CA62/2017) [2018] ZAECGHC 1 (23 January 2018)

The court held that the appellant’s arrest for possession of dagga was unlawful because there were no objective facts showing she committed the offence in the officer’s presence.

  • Unlawful Arrest
  • Unlawful Detention
  • Damages Assessment
  • Criminal Procedure Act
  • Possession Of Dagga
  • Unlawful-arrest
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Criminal Law [2017] ZAFSHC 8

S v Phantsa (R160/2016)

S v Phantsa (R160/2016) [2017] ZAFSHC 8 (5 January 2017)

On automatic review, the High Court confirmed the convictions but set aside and corrected improperly framed suspended sentences, while upholding ancillary orders.

  • Suspended Sentence Conditions
  • Housebreaking With Intent To Steal
  • Possession Of Dagga
  • Criminal Procedure Act
  • Firearm Disqualification
  • Suspended-sentence-conditions
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Criminal Law [2016] ZAGPPHC 740

S v Tsela (A181/2016)

S v Tsela (A181/2016) [2016] ZAGPPHC 740 (23 March 2016)

On special review, the High Court set aside a conviction for dealing in dagga and replaced it with possession, holding that the evidence proved possession only.

  • Drugs And Trafficking Act
  • Possession Of Dagga
  • Misdirection By Magistrate
  • Criminal-law
  • Dagga-possession
  • Special-review
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Criminal Law [2015] ZANCHC 54

National Director of Public Prosecutions v Katong and Another (1979/2013)

National Director of Public Prosecutions v Katong and Another (1979/2013) [2015] ZANCHC 54 (16 October 2015)

The High Court dismissed a POCA forfeiture bid over a Nissan Maxima used where dagga was found, holding the vehicle was not proved to be an instrumentality.

  • Prevention Of Organised Crime Act
  • Forfeiture Of Property
  • Instrumentality Of Offence
  • Possession Of Dagga
  • Locus Standi
  • Costs Order
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Criminal Law [2015] ZAGPPHC 296

S v Mothabeng (A299/2015)

S v Mothabeng (A299/2015) [2015] ZAGPPHC 296 (12 May 2015)

On review, the High Court corrected a typographical error in a dagga conviction to reflect the correct weight, 5.67 kg, and confirmed the sentence.

  • Possession Of Dagga
  • Contravention Of Drugs And Drug Trafficking Act
  • Typographical Error In Conviction
  • Dagga-possession
  • Criminal-review
  • Typographical-error
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Criminal Law [2015] ZAGPPHC 14

S v Mokwele (A26/2015)

S v Mokwele (A26/2015) [2015] ZAGPPHC 14 (22 January 2015)

The High Court set aside a conviction based on an admission of guilt fine after finding the accused had not been warned that payment would create a criminal record.

  • Admission Of Guilt Fine
  • Criminal Record Consequences
  • Review Procedure
  • Possession Of Dagga
  • Admission-of-guilt-fine
  • Criminal-record-consequences
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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.