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South Africa Case Law

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Criminal Law [2017] ZAGPPHC 767

S v Mashaba, S v Mowapli, S v Dhliwayo (A427/17)

S v Mashaba, S v Mowapli, S v Dhliwayo (A427/17) [2017] ZAGPPHC 767 (22 August 2017)

On special review, the High Court confirmed the convictions but set aside incompetent imprisonment sentences imposed under section 112(1)(a), substituting caution and discharge.

  • Immigration Act Offences
  • Section 112 1 A Procedure
  • Sentencing Irregularity
  • Conviction Confirmation
  • Section-112-1-a
  • Special-review
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Criminal Law [2015] ZAFSHC 91

S v Mohata (40/2015)

S v Mohata (40/2015) [2015] ZAFSHC 91 (21 May 2015)

The court held that section 112(1)(a) of the Criminal Procedure Act does not fix a ratio between a fine and alternative imprisonment, and confirmed the four-month term.

  • Alternative Imprisonment
  • Sentencing Discretion
  • Proportionality Of Sentence
  • Section 112 1 A Procedure
  • Alternative-imprisonment
  • Sentencing-discretion
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Criminal Law [2015] ZAFSHC 39

S v Modumela and Others (07/2015)

S v Modumela and Others (07/2015) [2015] ZAFSHC 39 (5 March 2015)

On special review, the High Court confirmed guilty-plea convictions and a fine with alternative imprisonment, holding section 112(1)(a) did not limit the alternative term.

  • Immigration Act Offence
  • Sentencing Discretion
  • Review Proceedings
  • Section 112 1 A Procedure
  • Special-review
  • Guilty-plea-procedure
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Criminal Law [2009] ZAFSHC 60

S v Daribo

S v Daribo [2009] ZAFSHC 60 (21 May 2009)

On review after a guilty plea, the High Court confirmed the conviction but set aside a sentence that included a suspended term of imprisonment as impermissible under section 112(1)(a).

  • Refugees Act Offence
  • Section 112 1 A Procedure
  • Sentencing Powers Of Magistrate
  • Suspended Sentence
  • Review Procedure
  • Criminal-law
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Criminal Law [2009] ZAGPPHC 164

S v Cedars (A435/2009)

S v Cedars (A435/2009) [2009] ZAGPPHC 164; 2010 (1) SACR 75 (GNP) (14 May 2009)

The High Court confirmed a technically incompetent sentence of correctional supervision after a guilty plea, holding that the proceedings were still in accordance with real and substantial justice.

  • Section 112 1 A Procedure
  • Correctional Supervision
  • Automatic Review
  • Substantial Justice
  • Incompetent Sentence
  • Criminal-law
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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.