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South Africa Case Law

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Criminal Law [2019] ZAECGHC 25

S v Ndlovu and Others (CC90/2017)

S v Ndlovu and Others (CC90/2017) [2019] ZAECGHC 25; [2019] 2 All SA 773 (ECG) (15 March 2019)

Multiple accused were convicted for a rhino-poaching scheme after the court accepted challenged search evidence, forensic dart comparisons, cellphone data, and circumstantial links.

  • Illegal Hunting
  • Possession Of Prohibited Substances
  • Firearms Control
  • Admission Of Unconstitutionally Obtained Evidence
  • Similar Fact Evidence
  • Circumstantial Evidence
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Criminal Law [2010] ZAWCHC 370

S v Daniels en Anders (SS27/2006)

S v Daniels en Anders (SS27/2006) [2010] ZAWCHC 370 (12 March 2010)

Sentencing judgment for large-scale drug-trafficking and abalone offences. The court imposed substantial prison terms, with some sentences made concurrent.

  • Drug Trafficking
  • Sentencing Principles
  • Possession Of Prohibited Substances
  • Mitigating And Aggravating Factors
  • Drug-trafficking
  • Sentencing
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Criminal Law [1988] ZASCA 127

S v Jacobs (391/1987)

S v Jacobs (391/1987) [1988] ZASCA 127; [1989] 2 All SA 1 (A) (30 September 1988)

The Supreme Court of Appeal held that the presumption in section 10(1)(a) of Act 41 of 1971 only operates if the State proves that the accused knowingly possessed dagga. The Court rejected the interpretation in S v Qunta and similar cases, finding that the presumption cannot apply where the accused lacks knowledge of the nature of the substance. The Court found that the magistrate erred in requiring the appellant to prove his lack of knowledge without the State first establishing that he knew the bags contained dagga. Upon reviewing the evidence, the Court concluded that the State did not pro…

  • Presumptions In Criminal Law
  • Mens Rea
  • Possession Of Prohibited Substances
  • Burden Of Proof
  • Interpretation Of Statutes
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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.