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South Africa Case Law

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Criminal Law [2024] ZALMPPHC 17

Sithole v Regional Magistrate A Swanepoel and Another (REV69/2022)

Sithole v Regional Magistrate A Swanepoel and Another (REV69/2022) [2024] ZALMPPHC 17 (26 February 2024)

The High Court dismissed a review of a magistrate’s ruling allowing the prosecution to reopen its case to prove the complainant’s age in a child-sexual-offence trial.

  • Reopening Of State Case
  • Gross Irregularity
  • Fair Trial Rights
  • Judicial Discretion
  • Minimum Sentencing
  • Child Sexual Offences
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Criminal Law [2019] ZASCA 23

Director of Public Prosecutions, KwaZulu-Natal v Ramdass (1236/2017)

Director of Public Prosecutions, KwaZulu-Natal v Ramdass (1236/2017) [2019] ZASCA 23; 2019 (2) SACR 1 (SCA) (28 March 2019)

The Supreme Court of Appeal held that the State’s proposed grounds were factual, not questions of law, and varied its earlier order to refuse ordinary leave to appeal.

  • Criminal Capacity
  • Intoxication Defence
  • Questions Of Law On Appeal
  • Statutory Interpretation
  • Leave To Appeal
  • Reopening Of State Case
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Criminal Law [2019] ZAFSHC 13

Piyana v S (A236/2018)

Piyana v S (A236/2018) [2019] ZAFSHC 13 (18 February 2019)

The High Court set aside a murder conviction after finding unfair-trial irregularities and insufficient circumstantial evidence to prove guilt beyond reasonable doubt.

  • Circumstantial Evidence
  • Fair Trial Rights
  • Reopening Of State Case
  • Burden Of Proof
  • Admissibility Of Evidence
  • Circumstantial-evidence
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Criminal Law [2013] ZAFSHC 162

Mosala v Magistrate Soomaroo and Another (221/2013)

Mosala v Magistrate Soomaroo and Another (221/2013) [2013] ZAFSHC 162 (12 September 2013)

High Court review setting aside a magistrate’s order reopening the State’s case after it had been closed under section 342A(3)(d) of the CPA.

  • Criminal Procedure Act Section 342a
  • Functus Officio
  • Reopening Of State Case
  • Gross Irregularity
  • Criminal-procedure
  • Functus-officio
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Criminal Law [1999] ZASCA 4

S v Felthun (458/96)

S v Felthun (458/96) [1999] ZASCA 4; [1999] 2 All SA 182 (A) (3 March 1999)

The Supreme Court of Appeal held that allowing the State to reopen its case after both sides closed was not irregular and caused no failure of justice.

  • Reopening Of State Case
  • Irregularity In Criminal Procedure
  • Failure Of Justice
  • Discretion To Admit Evidence
  • Criminal-procedure
  • Reopening-of-evidence
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Criminal Law [1988] ZASCA 162

S v Dondashe and Others (363/87)

S v Dondashe and Others (363/87) [1988] ZASCA 162 (30 November 1988)

Appeal in a murder case arising from a “necklace” killing. The court upheld the first appellant’s conviction, but acquitted the second and reduced the third and fourth appellants’ sentences.

  • Confession Evidence
  • Admissibility Of Statements
  • Murder With Extenuating Circumstances
  • Assault With Intent To Do Grievous Bodily Harm
  • Reopening Of State Case
  • Sentencing Principles
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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.