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South Africa Case Law

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Criminal Law [2014] ZAGPJHC 91

Trichart v S (A441/2013)

Trichart v S (A441/2013) [2014] ZAGPJHC 91; 2014 (2) SACR 245 (GJ) (2 April 2014)

The High Court set aside a habitual-criminal sentence, finding the magistrate misdirected himself by rejecting a probation report and ignoring drug dependency.

  • Habitual Criminal Declaration
  • Sentencing Discretion
  • Drug Dependency
  • Probation Officer Reports
  • Criminal Procedure Act
  • Firearm Licence Disqualification
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Criminal Law [2013] ZAGPPHC 345

S v Nkosi (A08/2013)

S v Nkosi (A08/2013) [2013] ZAGPPHC 345 (21 November 2013)

On review, the High Court held that unproved previous convictions could not be used in sentencing, and replaced a direct prison term with a wholly suspended sentence.

  • Sentencing Procedure
  • Previous Convictions
  • Child Justice Act
  • Probation Officer Reports
  • Criminal-sentencing
  • Previous-convictions
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Criminal Law [1988] ZASCA 105

S v Quandu and Others (378/87)

S v Quandu and Others (378/87) [1988] ZASCA 105 (22 September 1988)

Appeal against sentence for public violence and an Internal Security Act offence. Juvenile appellants’ sentences were set aside for resentencing after probation reports.

  • Sentencing Of Juveniles
  • Public Violence
  • Probation Officer Reports
  • Mitigating Factors
  • Procedural Irregularity
  • Juvenile-sentencing
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Criminal Law [1986] ZASCA 71

S v Steyn (63/86)

S v Steyn (63/86) [1986] ZASCA 71 (30 May 1986)

The Appeal Division set aside prison sentences for two juvenile robbers, holding that the trial court gave insufficient weight to expert evidence and probation recommendations.

  • Sentencing Of Juveniles
  • Robbery With Aggravating Circumstances
  • Suspended Sentence
  • Probation Officer Reports
  • Mitigation Of Sentence
  • Juvenile-sentencing
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Criminal Law [1986] ZASCA 29

S v Lewis (28/86)

S v Lewis (28/86) [1986] ZASCA 29 (25 February 1986)

The Appellate Division held that the sentencing court misdirected itself by ignoring the appellant’s mental состояние and expert reports, and it suspended the prison term.

  • Attempted Murder
  • Mitigation Of Sentence
  • Mental State Of Accused
  • Probation Officer Reports
  • Attempted-murder
  • 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.