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South Africa Case Law

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Criminal Law [2014] ZASCA 20

Steyn v S (100/13)

Steyn v S (100/13) [2014] ZASCA 20 (27 March 2014)

The Supreme Court of Appeal dismissed a sentence appeal, holding that the appellant’s rehabilitation and delay in hearing the appeal did not justify further interference.

  • Sentencing Principles
  • Delay In Appeal
  • Credit For Time Served
  • Fraud
  • Theft
  • Rehabilitation Of Offender
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Criminal Law [2012] ZAFSHC 73

Mofokeng v S (A185/11)

Mofokeng v S (A185/11) [2012] ZAFSHC 73; 2012 (2) SACR 507 (FB) (19 April 2012)

The appeal court found that the trial court correctly applied section 164 of the Criminal Procedure Act and was satisfied that the child witnesses understood the difference between truth and falsehood, rendering them competent to testify. The conviction was upheld based on the complainant's consistent and reliable evidence, which was not refuted by the appellant except by bare denial. The absence of DNA evidence did not undermine the conviction, as the complainant's version was corroborated by circumstantial evidence and her immediate report to her grandmother. Regarding sentence, the appeal…

  • Rape Of Minor
  • Child Witness Competence
  • Minimum Sentencing
  • Substantial And Compelling Circumstances
  • Rehabilitation Of Offender
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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.