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South Africa Case Law

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Criminal Law [2023] ZALMPTHC 7

Phiri v S - Appeal Judgment (A21/2022)

Phiri v S - Appeal Judgment (A21/2022) [2023] ZALMPTHC 7 (17 July 2023)

Appeal against fraud convictions for customs-related false certification was dismissed; the court upheld the finding of potential prejudice to SARS.

  • Fraud
  • Customs And Excise
  • Potential Prejudice
  • Misrepresentation
  • Sentencing Discretion
  • Customs-and-excise
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Criminal Law [2015] ZASCA 59

Ndwambi v S (611/2013)

Ndwambi v S (611/2013) [2015] ZASCA 59; 2016 (2) SACR 195 (SCA) (31 March 2015)

The Supreme Court of Appeal upheld a fraud conviction for selling a fake rhino horn, finding intent to deceive and potential prejudice were proved.

  • Fraud
  • Dolus Eventualis
  • Nature Conservation Ordinance
  • Intent To Deceive
  • Potential Prejudice
  • Criminal-intent
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Criminal Law [2013] ZAWCHC 211

S v Brown (CC 50/2010)

S v Brown (CC 50/2010) [2013] ZAWCHC 211 (15 May 2013)

The High Court sentenced Joseph Arthur Walter Brown for two fraud convictions, holding that the minimum-sentence regime did not apply because only potential prejudice was proved.

  • Fraud
  • Minimum Sentences Act
  • Potential Prejudice
  • Sentencing Discretion
  • Sentencing
  • Minimum-sentences-act
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Criminal Law [2011] ZAFSHC 174

Meyer v S (A95/2011)

Meyer v S (A95/2011) [2011] ZAFSHC 174 (17 November 2011)

The High Court partly upheld Meyer’s appeal against fraud convictions, setting aside counts 2, 9 and 27 and reducing the effective sentence to three years.

  • Fraud
  • Dishonoured Cheques
  • Potential Prejudice
  • Dolus Eventualis
  • Sentencing Principles
  • Dishonoured-cheques
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Criminal Law [2011] ZAGPPHC 131

Maruwa v S (A 327/2010)

Maruwa v S (A 327/2010) [2011] ZAGPPHC 131 (29 July 2011)

The High Court dismissed a magistrate’s appeal against fraud convictions for conducting traffic matters without a prosecutor and recording false court particulars.

  • Fraud
  • Misrepresentation
  • Judicial Misconduct
  • Potential Prejudice
  • Criminal Procedure Act
  • Traffic Offences
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Criminal Law [2011] ZAFSHC 60

S v Mdantile (418/2010)

S v Mdantile (418/2010) [2011] ZAFSHC 60; 2011 (2) SACR 142 (FB) (17 March 2011)

The High Court confirmed a fraud conviction where the accused bribed a security guard to board a train without a valid ticket, treating the conduct as misrepresentation by conduct.

  • Fraud
  • Misrepresentation
  • Potential Prejudice
  • Criminal Procedure
  • Section 304 Review
  • Misrepresentation-by-conduct
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Criminal Law [2009] ZANCHC 13

S v Williams (CA&R 81/2008)

S v Williams (CA&R 81/2008) [2009] ZANCHC 13 (6 February 2009)

High Court leave-to-appeal application in a fraud case failed, with the court finding no reasonable prospects of success on the convictions.

  • Fraud
  • Forgery
  • Misrepresentation
  • Criminal Intent
  • Potential Prejudice
  • Leave-to-appeal
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Criminal Law [2007] ZASCA 119

S v Mngqibisa (75/07)

S v Mngqibisa (75/07) [2007] ZASCA 119; 2008 (1) SACR 92 (SCA) (27 September 2007)

The Supreme Court of Appeal upheld a fraud conviction after a claimant falsely told an insurer’s agent he was driving, creating potential prejudice.

  • Fraud
  • Potential Prejudice
  • False Representation
  • Insurance Claims
  • Potential-prejudice
  • False-representation
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Criminal Law [2007] ZAGPHC 102

S v Samuel (A2006/409)

S v Samuel (A2006/409) [2007] ZAGPHC 102 (15 June 2007)

The High Court upheld an appeal against a fraud conviction involving a motor vehicle allowance letter, finding no causal link or prejudice to the bank.

  • Fraud
  • Misrepresentation
  • Potential Prejudice
  • Causal Link
  • Criminal Intent
  • Potential-prejudice
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Criminal Law [1991] ZASCA 18

S v Van Tonder (31/90)

S v Van Tonder (31/90) [1991] ZASCA 18; 1991 (3) SA 731 (AD); [1991] 4 All SA 482 (AD) (21 March 1991)

The appellate court held that the appellant’s conduct did not justify treating the offence as seriously aggravating and replaced a suspended prison term with a reprimand.

  • Military Discipline
  • Sentencing Principles
  • Potential Prejudice
  • Interpretation Of Statutes
  • Military-discipline
  • Sentencing
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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.