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South Africa Case Law

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Criminal Law [2012] ZAECBHC 9

Skapu v S (C A & R 8/12)

Skapu v S (C A & R 8/12) [2012] ZAECBHC 9 (17 October 2012)

Appeal from conviction for dealing in dagga. The High Court set aside the dealing conviction, substituted possession, and imposed a suspended sentence and fine.

  • Drugs And Drug Trafficking Act
  • Possession Of Dagga
  • Dealing In Dagga
  • Presumption Of Dealing
  • Constitutional Invalidity Of Presumption
  • Criminal-law
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Criminal Law [1989] ZASCA 125

S v Gqulagha (67/88)

S v Gqulagha (67/88) [1989] ZASCA 125 (29 September 1989)

The court found that the appellant was in physical possession of the dagga, as he exercised control over the bags and attempted to dispose of them upon police arrival. The appellant's explanation was rejected as highly improbable and inconsistent with the objective facts, including his conduct and the location of the vehicle. The quantity of dagga excluded the reasonable possibility of possession for personal use, and the statutory presumption of dealing applied. The appellant failed to rebut this presumption. The conviction and sentence were upheld as appropriate under the circumstances.

  • Possession Of Dagga
  • Presumption Of Dealing
  • Criminal Procedure
  • Evidence Evaluation
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Criminal Law [1989] ZASCA 48

S v Daniels (50/88)

S v Daniels (50/88) [1989] ZASCA 48 (31 March 1989)

Criminal appeal on whether the appellant knew of Mandrax tablets found in her locked wardrobe. The court held the circumstantial evidence proved knowledge and dismissed the appeal.

  • Possession Of Dependence Producing Substances
  • Dealing In Mandrax
  • Presumption Of Dealing
  • Knowledge Requirement
  • Circumstantial Evidence
  • Criminal-law
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