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South Africa Case Law

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Criminal Law [2021] ZAGPPHC 472

Ward v S (A273/2016)

Ward v S (A273/2016) [2021] ZAGPPHC 472 (27 July 2021)

The High Court upheld Charles Ward’s appeal and set aside convictions for cannabis dealing, firearm possession, and ammunition possession.

  • Drugs And Drug Trafficking Act
  • Firearms Control Act
  • Circumstantial Evidence
  • Possession Of Firearm
  • Unlawful Possession Of Ammunition
  • Criminal-law
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Criminal Law [2021] ZAGPPHC 72

Sibiya v S (A49/2020)

Sibiya v S (A49/2020) [2021] ZAGPPHC 72 (22 January 2021)

The High Court upheld an appeal against convictions for possession of a firearm and ammunition, finding the State had not proved possession beyond reasonable doubt.

  • Possession Of Firearm
  • Possession Of Ammunition
  • Single Witness Rule
  • Onus Of Proof
  • Concurrent Sentences
  • Criminal-law
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Criminal Law [2020] ZAGPPHC 725

Marirawahn and Others v S (A365/19)

Marirawahn and Others v S (A365/19) [2020] ZAGPPHC 725 (10 December 2020)

The court found that the magistrate materially misdirected himself by failing to properly consider the cumulative effect of the sentences and the period of pre-sentence detention. The appellants, except for one, were first offenders and had spent over three years in custody before sentencing. The truck and its contents were recovered, and no injuries occurred. These factors, viewed cumulatively, constituted substantial and compelling circumstances justifying deviation from the prescribed minimum sentences. The sentences imposed by the trial court were set aside and replaced with lesser senten…

  • Minimum Sentencing
  • Robbery With Aggravating Circumstances
  • Possession Of Firearm
  • Pre Sentence Detention
  • Cumulative Effect Of Sentences
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Criminal Law [2020] ZAGPJHC 204

Cliff v S (A157/2019)

Cliff v S (A157/2019) [2020] ZAGPJHC 204 (6 May 2020)

Appeal against sentence dismissed where a 35-year effective sentence for multiple robberies and firearm offences was upheld despite an incomplete record.

  • Robbery With Aggravating Circumstances
  • Minimum Sentencing
  • Possession Of Firearm
  • Possession Of Ammunition
  • Sentencing Discretion
  • Appeal Record Adequacy
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Criminal Law [2019] ZAGPPHC 243

Mchunu v S (A162/2018)

Mchunu v S (A162/2018) [2019] ZAGPPHC 243 (13 June 2019)

The High Court reduced a six-year sentence for unlawful firearm possession to three years, finding the original sentence shockingly disproportionate.

  • Firearms Control Act
  • Sentencing Principles
  • Possession Of Firearm
  • Possession Of Ammunition
  • Firearms-control-act
  • Sentence-appeals
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Criminal Law [2019] ZAECBHC 12

S v Dingela and Others (CC25/18)

S v Dingela and Others (CC25/18) [2019] ZAECBHC 12 (10 May 2019)

High Court judgment on murder, confession admissibility, and a single-witness identification in a taxi-violence killing.

  • Murder
  • Admissibility Of Confessions
  • Single Witness Evidence
  • Common Purpose
  • Possession Of Firearm
  • Taxi Violence
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Criminal Law [2018] ZAGPPHC 960

Rampersad v S (CC64/2016)

Rampersad v S (CC64/2016) [2018] ZAGPPHC 960 (31 October 2018)

The High Court refused leave to appeal after convicting the applicant of murder, robbery, and firearm offences, finding no reasonable prospects of success.

  • Leave To Appeal
  • Reasonable Prospects Of Success
  • Murder
  • Robbery
  • Possession Of Firearm
  • Possession Of Ammunition
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Criminal Law [2017] ZAGPPHC 233

Radebe v S (A92/2016)

Radebe v S (A92/2016) [2017] ZAGPPHC 233 (11 May 2017)

Criminal sentence appeal partly succeeds: the prison term stands, but the 12-year non-parole period is set aside.

  • Sentencing Discretion
  • Minimum Sentences
  • Non Parole Period
  • Possession Of Firearm
  • Theft
  • Substantial And Compelling Circumstances
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Criminal Law [2017] ZAGPPHC 825

Ncala and Another v S (A684/13)

Ncala and Another v S (A684/13) [2017] ZAGPPHC 825 (5 May 2017)

The High Court dismissed an appeal against convictions for murder, robbery, firearm and ammunition offences, finding the appellants acted in common purpose.

  • Common Purpose
  • Murder
  • Robbery With Aggravating Circumstances
  • Possession Of Firearm
  • Alibi Defence
  • Credibility Lies
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Criminal Law [2016] ZAGPPHC 500

Ubisi and Others v S (A539/2012)

Ubisi and Others v S (A539/2012) [2016] ZAGPPHC 500 (29 June 2016)

The High Court upheld convictions for robbery, kidnapping and firearm possession, but reduced the effective sentence by ordering several counts to run concurrently.

  • Robbery
  • Kidnapping
  • Possession Of Firearm
  • Right To Legal Representation
  • Concurrent Sentences
  • Criminal-appeal
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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.