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South Africa Case Law

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Criminal Law [2024] ZAGPJHC 571

Masango v S (A25/2023)

Masango v S (A25/2023) [2024] ZAGPJHC 571 (31 May 2024)

The High Court set aside a murder conviction because the guilty-plea statement did not admit the burning alleged in the charge sheet.

  • Conviction On Guilty Plea
  • Section 112 Statement
  • Minimum Sentencing
  • Remittal For Retrial
  • Criminal-law
  • Guilty-plea
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Criminal Law [2016] ZAFSHC 170

Mokhosi v S (A40/2016)

Mokhosi v S (A40/2016) [2016] ZAFSHC 170 (6 October 2016)

Appeal against sentence in a criminal matter succeeded after the court found a material procedural irregularity that vitiated the trial and sentence.

  • Procedural Irregularity
  • Plea Procedure
  • Sentencing
  • Mistrial
  • Criminal-procedure
  • Guilty-plea
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Criminal Law [2015] ZAGPPHC 239

S v Mogotsi (A259/15)

S v Mogotsi (A259/15) [2015] ZAGPPHC 239 (28 April 2015)

The High Court set aside convictions and sentences because the accused was represented by a person lacking the right of appearance, and ordered a retrial.

  • Right Of Appearance
  • Irregular Trial
  • Section 304 Review
  • Section 35 3 Constitution
  • Setting Aside Conviction
  • Criminal-review
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Criminal Law [2014] ZAGPPHC 397

S v Tsoai and Others (A52/14)

S v Tsoai and Others (A52/14) [2014] ZAGPPHC 397 (30 January 2014)

The High Court set aside earlier criminal proceedings and granted the State leave to retry the accused de novo after procedural irregularities were found.

  • Setting Aside Proceedings
  • Order For Retrial
  • Criminal-law
  • Setting-aside-proceedings
  • Retrial
  • De-novo-trial
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Criminal Law [2007] ZANWHC 74

S v Shabangu (290/2001)

S v Shabangu (290/2001) [2007] ZANWHC 74 (14 November 2007)

The High Court set aside Shabangu’s rape conviction because the trial record was missing and could not be reconstructed, leaving the court unable to assess fairness.

  • Rape
  • Automatic Review
  • Defective Record
  • Remittal For Retrial
  • Criminal-review
  • Missing-record
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Criminal Law [2005] ZAFSHC 129

S v Mofokeng (993/2005)

S v Mofokeng (993/2005) [2005] ZAFSHC 129 (11 August 2005)

The court set aside the proceedings against an accused up to separation of trials after the trial record and judicial notes could not be reconstructed.

  • Lost Trial Record
  • Separation Of Trials
  • Retrial
  • Criminal Procedure Act
  • Lost-trial-record
  • Separation-of-trials
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Criminal Law [2005] ZAFSHC 44

S v Mokhele (2033/2005)

S v Mokhele (2033/2005) [2005] ZAFSHC 44 (5 May 2005)

The High Court set aside a conviction after finding the accused’s plea had been misunderstood through interpretation, and remitted the matter for a new hearing.

  • Plea Misunderstanding
  • Section 112 Procedure
  • Review Of Conviction
  • Criminal-law
  • Special-review
  • Guilty-plea
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Criminal Law [2005] ZAFSHC 34

S v Madlala (239/2005)

S v Madlala (239/2005) [2005] ZAFSHC 34 (10 March 2005)

High Court review setting aside a conviction and sentence because the accused’s legal representative was absent when the matter was concluded.

  • Criminal Procedure Act Section 304
  • Right To Legal Representation
  • Setting Aside Conviction
  • Remittal For Retrial
  • Criminal-review
  • Right-to-legal-representation
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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.