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South Africa Case Law

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Criminal Law [2024] ZAECMHC 51

Yoni v S (CA&R119-2022)

Yoni v S (CA&R119-2022) [2024] ZAECMHC 51 (12 June 2024)

The High Court dismissed a criminal appeal, finding an irregular plea inquiry and an inadmissible confession, but sufficient voluntary admissions and circumstantial evidence.

  • Admissibility Of Confession
  • Extra Judicial Admission
  • Fair Trial Rights
  • Circumstantial Evidence
  • Rape And Murder
  • Trial Irregularity
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Criminal Law [2024] ZAECMHC 48

Yoni v S (CA&R 119/2022)

Yoni v S (CA&R 119/2022) [2024] ZAECMHC 48 (10 June 2024)

Appeal against conviction dismissed. The High Court found a plea irregularity and excluded an improperly admitted confession, but upheld the convictions on admissions and circumstantial evidence.

  • Admissibility Of Confession
  • Extra Judicial Admission
  • Fair Trial Rights
  • Circumstantial Evidence
  • Rape And Murder
  • Section 115 Plea Explanation
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Criminal Law [2024] ZAFSHC 62

Kgitsane v S (37/2022)

Kgitsane v S (37/2022) [2024] ZAFSHC 62 (23 February 2024)

Leave to appeal was dismissed in a murder, rape, kidnapping, and extortion matter. The court found the accomplice evidence credible and the applicant’s version unsatisfactory.

  • Accomplice Evidence
  • Common Purpose
  • Minimum Sentences
  • Leave To Appeal
  • Credibility Of Witnesses
  • Rape And Murder
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Criminal Law [2023] ZAGPPHC 594

Vilakazi v S (A227/2022)

Vilakazi v S (A227/2022) [2023] ZAGPPHC 594 (17 July 2023)

A criminal sentence appeal where the High Court ordered the rape and murder sentences to run concurrently, reducing the cumulative effect of punishment.

  • Sentencing Principles
  • Concurrent Sentences
  • Minimum Sentences
  • Remorse
  • Rape And Murder
  • Criminal-sentencing
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Criminal Law [1993] ZASCA 66

S v Ndlovu and Another (250/91,16/92)

S v Ndlovu and Another (250/91,16/92) [1993] ZASCA 66 (24 May 1993)

The Supreme Court of Appeal held that the statements made by the appellants to police officers through interpreters were inadmissible as the interpreters were not called to testify, and thus the accuracy of the interpretation was not proven. The absence of the interpreters' evidence was fatal to the admissibility of the statements. There was no other admissible evidence against the second appellant, and the statement of the first appellant implicating the second was not admissible against him. Accordingly, the convictions and sentences for murder and rape against the second appellant were set…

  • Admissibility Of Evidence
  • Hearsay Rule
  • Confession
  • Interpretation Of Statements
  • Criminal Procedure Act
  • Rape And Murder
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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.