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South Africa Case Law

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Criminal Law [2021] ZAGPJHC 769

Mavuso v S (A130/2018)

Mavuso v S (A130/2018) [2021] ZAGPJHC 769 (3 December 2021)

Appeal against convictions for rape, assault GBH, and violating a protection order was dismissed; the High Court upheld the 10-year sentence.

  • Rape
  • Domestic Violence Act
  • Assault With Intent To Do Grievous Bodily Harm
  • Protection Order Violation
  • Sentencing Discretion
  • Domestic-violence
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Criminal Law [2021] ZAFSHC 192

S v Sefume (R43/2021)

S v Sefume (R43/2021) [2021] ZAFSHC 192 (22 July 2021)

High Court review confirmed a guilty plea conviction for breaching a domestic violence protection order, but set aside the firearm-unfitness order for lack of enquiry.

  • Domestic Violence Act
  • Firearms Control Act
  • Conviction Review
  • Protection Order Violation
  • Domestic-violence-act
  • Firearms-control-act
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Criminal Law [2009] ZAWCHC 112

Baatjies v S (A373/2008)

Baatjies v S (A373/2008) [2009] ZAWCHC 112 (6 February 2009)

Appeal decision setting aside convictions and sentence after irregular plea questioning failed to establish all elements of the offences.

  • Section 112 1 B Criminal Procedure Act
  • Failure Of Justice
  • Conviction Irregularity
  • Protection Order Violation
  • Assault
  • Section-112-criminal-procedure-act
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Criminal Law [2009] ZAWCHC 17

Baatjies v S (A373/2008)

Baatjies v S (A373/2008) [2009] ZAWCHC 17 (6 February 2009)

The High Court set aside convictions and sentence because the magistrate’s section 112(1)(b) questioning did not properly establish the guilty pleas.

  • Conviction Irregularity
  • Protection Order Violation
  • Assault
  • Section 112 Criminal Procedure Act
  • Fair Trial Rights
  • Guilty-plea-irregularity
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Criminal Law [2005] ZAFSHC 60

S v Popo (634/2005)

S v Popo (634/2005) [2005] ZAFSHC 60 (23 June 2005)

The High Court set aside a conviction under the Domestic Violence Act because the charge sheet was materially defective and section 112 questioning was inadequate.

  • Domestic Violence Act
  • Defective Charge Sheet
  • Section 112 1 B Criminal Procedure Act
  • Protection Order Violation
  • Domestic-violence-act
  • Defective-charge-sheet
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Criminal Law [2001] ZANWHC 10

S v Sehume (15/2001)

S v Sehume (15/2001) [2001] ZANWHC 10 (1 March 2001)

Review of a domestic violence conviction corrected the statutory basis and record defects, but confirmed the sentence of R600 or 6 months’ imprisonment.

  • Domestic Violence Act
  • Protection Order Violation
  • Sentencing
  • Record Management
  • Domestic-violence-act
  • Protection-order-violation
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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.