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South Africa Case Law

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Criminal Law [1991] ZASCA 128

S v Abrahams (369/90)

S v Abrahams (369/90) [1991] ZASCA 128 (27 September 1991)

Court
Supreme Court of Appeal
Case number
369/90
Judges
Botha, Milne, Nicholas

The court held that no actual possession was proved and the statutory presumption did not apply because the drugs were buried outside the room and access was shared.

  • Possession Of Prohibited Substance
  • Statutory Presumption
  • Burden Of Proof
  • Interpretation Of Possession
  • Criminal-law
  • Drug-possession
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Criminal Law [1991] ZASCA 33

S v Collett (199/90)

S v Collett (199/90) [1991] ZASCA 33; 1991 (2) SA 854 (AD); [1991] 4 All SA 524 (AD) (26 March 1991)

Court
Supreme Court of Appeal
Case number
199/90
Judges
Corbett, Hoexter, Vivier, Eksteen, Nienaber

The court held that even if the appellant possessed dagga, the State had to prove dolus, including awareness of unlawfulness. The conviction and sentence were set aside.

  • Possession Of Prohibited Substance
  • Wederregtelikheid
  • Dolus
  • Defence Of Necessity
  • Criminal Liability
  • Criminal-law
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.