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South Africa Case Law

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Criminal Law [2020] ZAGPPHC 232

Fanelo v S (A401/2018)

Fanelo v S (A401/2018) [2020] ZAGPPHC 232 (24 April 2020)

The High Court dismissed an appeal against conviction for theft and related offences, but upheld the sentence appeal and reduced the effective sentence to four years.

  • Theft
  • Defeating The Ends Of Justice
  • Resisting Arrest
  • Sentencing Principles
  • Concurrent Sentences
  • Criminal-appeal
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Criminal Law [2018] ZAFSHC 170

Mofutsana v S (A287/2017)

Mofutsana v S (A287/2017) [2018] ZAFSHC 170 (1 November 2018)

The court found that the conviction for resisting arrest could not stand due to the absence of evidence that the appellant was formally placed under arrest and the lack of testimony from a material witness, Constable Ganare, who allegedly permitted the appellant to leave. The State failed to discharge its onus to prove wilful obstruction beyond reasonable doubt. The appellant's subjective belief that he was authorised to depart negated the necessary intent for the offence under section 67(1)(a) of the South African Police Services Act. However, the conviction for assault was upheld as the evi…

  • Assault
  • Resisting Arrest
  • Evaluation Of Evidence
  • Demeanour
  • Onus Of Proof
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Criminal Law [2016] ZAFSHC 201

Kenku v S (A65/2015)

Kenku v S (A65/2015) [2016] ZAFSHC 201 (10 November 2016)

Appeal in a robbery and attempted murder case. Conviction on count 1 was set aside because missing video footage tainted identification evidence; other convictions largely stood.

  • Identification Evidence
  • Robbery With Aggravating Circumstances
  • Attempted Murder
  • Minimum Sentencing
  • Admissibility Of Video Evidence
  • Resisting Arrest
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Criminal Law [2013] ZAGPPHC 496

Appolus v S (A645/12)

Appolus v S (A645/12) [2013] ZAGPPHC 496 (11 November 2013)

The High Court dismissed an appeal against conviction for assault and resisting arrest, finding no material contradictions, prejudice, or misdirection in the trial court's reasoning.

  • Assault
  • Resisting Arrest
  • Adverse Inference
  • Contradictory Evidence
  • Fair Trial Rights
  • Criminal-appeal
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Criminal Law [2007] ZAFSHC 77

S v Mhosohane (83/2007)

S v Mhosohane (83/2007) [2007] ZAFSHC 77 (1 February 2007)

The High Court confirmed the convictions but set aside the sentence because a fine alone was incompetent for the drug-dealing offence; the matter was remitted for fresh sentencing.

  • Drug Trafficking
  • Sentencing
  • Immigration Offences
  • Resisting Arrest
  • Drug-trafficking
  • Criminal-review
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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.