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South Africa Case Law

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Criminal Law [2023] ZAGPPHC 650

S v Dikgoro (C44/2023)

S v Dikgoro (C44/2023) [2023] ZAGPPHC 650 (1 August 2023)

High Court review correcting an incomplete magistrate’s sentence for cocaine possession, confirming a R2,000 fine paid immediately and no firearm disqualification.

  • Possession Of Dependence Producing Substance
  • Sentence Review
  • Drugs And Drug Trafficking Act
  • Minimum Sentence Requirements
  • Sentence-review
  • Drug-possession
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Criminal Law [2015] ZAFSHC 143

S v Makutoane (116/2015)

S v Makutoane (116/2015) [2015] ZAFSHC 143 (24 July 2015)

The High Court set aside a conviction and sentence on special review after finding gross irregularities, including failures to explain rights and comply with sentencing requirements.

  • Criminal Procedure Act
  • Possession Of Dependence Producing Substance
  • Rights Of Accused
  • Automatic Review
  • Firearms Control Act
  • Criminal-procedure
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Criminal Law [2015] ZAGPPHC 17

S v Malmone and Another (A961/14, 826/14)

S v Malmone and Another (A961/14, 826/14) [2015] ZAGPPHC 17 (9 January 2015)

The High Court confirmed guilty pleas for cannabis possession despite review irregularities, but set aside and replaced unlawful suspended fines with lawful sentences.

  • Criminal Procedure Act
  • Review Of Magistrates Court
  • Possession Of Dependence Producing Substance
  • Sentencing Irregularities
  • Criminal-procedure
  • Special-review
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Criminal Law [2011] ZANWHC 37

S v Magwaza (14/11)

S v Magwaza (14/11) [2011] ZANWHC 37 (26 August 2011)

The High Court reviewed and set aside a magistrate’s conviction and sentence because section 112(1)(a) was misapplied and the fine exceeded the statutory limit.

  • Criminal Procedure Act Section 112
  • Minor Offences
  • Sentencing Limits
  • Possession Of Dependence Producing Substance
  • Criminal-procedure
  • Section-112
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Criminal Law [2007] ZAGPHC 57

S v Gala (40/2007)

S v Gala (40/2007) [2007] ZAGPHC 57 (21 May 2007)

Review of a magistrates’ court sentence for dagga possession. The High Court confirmed the conviction but set aside the fine and imposed a wholly suspended sentence.

  • Possession Of Dependence Producing Substance
  • Sentencing Principles
  • Suspension Of Sentence
  • Criminal-law
  • Sentencing-principles
  • Sentence-review
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Criminal Law [2004] ZAECHC 7

S v Gotyana (ECJ 2004/006)

S v Gotyana (ECJ 2004/006) [2004] ZAECHC 7 (11 March 2004)

The magistrate misdirected himself by relying on sentencing guidelines applicable to dealing in dagga, rather than possession. The relevant legislation does not prescribe a minimum sentence for possession of dagga. The accused was convicted of possession for personal use, not dealing. The sentence imposed—a fine of R1,000 or two years' imprisonment—was shockingly inappropriate given the small quantity involved and the accused's inability to pay, resulting in unnecessary imprisonment. The court held that a suspended sentence or a small fine with a short alternative imprisonment would have been…

  • Possession Of Dependence Producing Substance
  • Sentencing Discretion
  • Misdirection In Sentencing
  • Minimum Sentences
  • Personal Circumstances
  • Proportionality In Sentencing
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Criminal Law [2002] ZANWHC 23

S v Mokgothu (47/2002)

S v Mokgothu (47/2002) [2002] ZANWHC 23 (13 June 2002)

On automatic review, the High Court corrected an ambiguous conviction and suspended sentence to reflect a specific contravention of section 4(a) of the Drugs and Drug Trafficking Act.

  • Possession Of Dependence Producing Substance
  • Sentence Suspension
  • Criminal Review
  • Contravention Of Drugs And Drug Trafficking Act
  • Criminal-review
  • Drug-offences
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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.