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South Africa Case Law

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Criminal Law [2021] ZAGPPHC 101

Mmethi v S (A19/2020)

Mmethi v S (A19/2020) [2021] ZAGPPHC 101 (25 February 2021)

The High Court upheld an appeal against fraud convictions, finding the State had not proved beyond reasonable doubt that the appellant joined the fraudulent scheme.

  • Fraud
  • Common Purpose
  • Compensation For Occupational Injuries And Diseases Act
  • Record Deficiency
  • Money Laundering
  • Common-purpose
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Criminal Law [2014] ZAGPJHC 436

Hack v S (A397/2009)

Hack v S (A397/2009) [2014] ZAGPJHC 436 (10 October 2014)

The court found that the evidence established beyond reasonable doubt that the appellant, in concert with others, created and submitted false invoices to SARS to support amended VAT returns, resulting in substantial prejudice or potential prejudice to SARS. The inaccuracies in the charge sheet regarding dates and the recipient of the misrepresentation were not material and did not prejudice the appellant's right to a fair trial, as the nature of the charges and the supporting documents were clear. The court granted the State's application to amend the charge sheet to reflect the correct dates…

  • Fraud
  • Value Added Tax Act
  • Misrepresentation
  • White Collar Crime
  • Sentence Appeal
  • Record Deficiency
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Criminal Law [2014] ZAGPJHC 56

Smith v S (A418/2013)

Smith v S (A418/2013) [2014] ZAGPJHC 56 (28 March 2014)

The High Court upheld Ricardo Smith’s appeal, setting aside his convictions and sentences for housebreaking/theft and common assault after finding the evidence and record inadequate.

  • Housebreaking And Theft
  • Common Assault
  • Single Witness Evidence
  • Sentence Appropriateness
  • Record Deficiency
  • Housebreaking-and-theft
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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.