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South Africa Case Law

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Criminal Law [2025] ZANWHC 83

King and Another v S (Appeal) (CA50/2023)

King and Another v S (Appeal) (CA50/2023) [2025] ZANWHC 83 (13 May 2025)

Appeal court upheld life sentences for premeditated murder, finding no substantial and compelling circumstances and no sentencing misdirection.

  • Murder
  • Mandatory Sentencing
  • Substantial And Compelling Circumstances
  • Pretrial Detention
  • Remorse
  • Sentencing Discretion
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Criminal Law [2024] ZANWHC 144

Tsage and Another v S (CA 32/23)

Tsage and Another v S (CA 32/23) [2024] ZANWHC 144 (20 June 2024)

The High Court dismissed a sentence appeal arising from violent home invasion, robbery, attempted murder, and sexual offences, finding no basis to interfere.

  • Sentencing Discretion
  • Minimum Sentences
  • Substantial And Compelling Circumstances
  • Pretrial Detention
  • Concurrency Of Sentences
  • Sexual Offences
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Criminal Law [2017] ZAGPPHC 279

S (A502/2016, 14/4145/2006), R v

S (A502/2016, 14/4145/2006), R v [2017] ZAGPPHC 279 (2 June 2017)

The High Court reduced an effective 30-year sentence to 18 years after finding the trial court failed to properly weigh pretrial custody, youth, and cumulative effect.

  • Sentencing Principles
  • Minimum Sentences
  • Juvenile Offender
  • Cumulative Sentences
  • Pretrial Detention
  • Rape And Robbery
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Criminal Law [2013] ZAECPEHC 7

Swarts v S (CC 38/2011)

Swarts v S (CC 38/2011) [2013] ZAECPEHC 7 (8 February 2013)

The court found that the applicant failed to establish exceptional circumstances as required by section 60(11) of the Criminal Procedure Act for schedule 6 offences. The applicant's personal circumstances, including family ties, employment, and willingness to comply with bail conditions, were considered but did not rise to the level of exceptionality. The strength of the State's case, supported by eyewitnesses and CCTV footage, and the seriousness of the offence weighed against bail. The applicant's delay in applying for bail and lack of explanation for this delay further undermined his appli…

  • Bail Application
  • Exceptional Circumstances
  • Murder
  • Criminal Procedure Act
  • Pretrial Detention
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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.