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South Africa Case Law

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Criminal Law [2024] ZAGPJHC 775

S v Praise (Sentence) (SS 57/2023)

S v Praise (Sentence) (SS 57/2023) [2024] ZAGPJHC 775 (15 August 2024)

Sentence for murder, unlicensed firearm and ammunition possession, and defeating the ends of justice: 20 years’ imprisonment for murder, with concurrent terms on the other counts.

  • Murder
  • Possession Of Unlicensed Firearm
  • Possession Of Unlicensed Ammunition
  • Defeating Ends Of Justice
  • Minimum Sentencing Regime
  • Mitigation And Aggravation
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Criminal Law [2017] ZAGPPHC 754

Sibande v S (A209/16)

Sibande v S (A209/16) [2017] ZAGPPHC 754 (10 November 2017)

The appeal against sentence fails because the trial court properly considered both aggravating and mitigating factors, including the appellant's personal circumstances, the prevalence of unlicensed firearms, and the appellant's lack of legal status and fixed address. The appellant admitted possession of a semi-automatic firearm, triggering the prescribed minimum sentence under section 51(2) of the Criminal Law Amendment Act. The authorities cited by the appellant do not require a trial court to conduct an inquiry into substantial and compelling circumstances in every case, and the facts of th…

  • Minimum Sentencing
  • Possession Of Unlicensed Firearm
  • Possession Of Unlicensed Ammunition
  • Criminal Law Amendment Act
  • Sentencing Discretion
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Criminal Law [2016] ZAGPPHC 731

Mabena v S (A81/2016)

Mabena v S (A81/2016) [2016] ZAGPPHC 731 (18 August 2016)

High Court appeal in a murder and robbery case: conviction set aside because common purpose was not proved and accessory-after-the-fact liability failed.

  • Common Purpose
  • Accessory After The Fact
  • Robbery With Aggravating Circumstances
  • Murder
  • Possession Of Unlicensed Firearms
  • Possession Of Unlicensed Ammunition
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Criminal Law [2012] ZAFSHC 150

S v Mosia (63/2012)

S v Mosia (63/2012) [2012] ZAFSHC 150 (2 August 2012)

The High Court convicted the accused of murder and accepted his guilty pleas to firearm and ammunition possession after rejecting his accidental-shooting version.

  • Murder
  • Possession Of Unlicensed Firearm
  • Possession Of Unlicensed Ammunition
  • Minimum Sentences Act
  • Single Witness Evidence
  • Single-witness-evidence
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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.