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South Africa Case Law

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Criminal Law [2010] ZAECGHC 36

Gqirana v S (CA&R 262/2009)

Gqirana v S (CA&R 262/2009) [2010] ZAECGHC 36 (24 May 2010)

The High Court confirmed a conviction for sexual assault but reduced an eight-year sentence to two years, finding the trial court's sentence too harsh.

  • Sexual Offences
  • Sentencing Discretion
  • Mitigating Factors
  • Appeal Interference
  • Prevalence Of Offence
  • Criminal-law
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Criminal Law [2001] ZANWHC 45

S v Rossouw (109/2001)

S v Rossouw (109/2001) [2001] ZANWHC 45 (1 November 2001)

On automatic review, the High Court confirmed a conviction for housebreaking and theft but found the sentence too harsh and reduced the fine.

  • Sentencing Guidelines
  • Imposition Of Fines
  • First Offender
  • Prevalence Of Offence
  • Criminal-sentencing
  • Fines
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Criminal Law [1996] ZASCA 6

S v Phako (423/95)

S v Phako (423/95) [1996] ZASCA 6 (7 March 1996)

Appeal against sentence for dealing in dagga dismissed. The court held the magistrate could consider local prevalence, and the sentence was not excessive.

  • Sentencing
  • Mitigation Of Sentence
  • Prevalence Of Offence
  • Correctional Supervision
  • Statutory Interpretation
  • Criminal-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.