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South Africa decisions
Decisions matching the current search
S v Mokoena (A20/2024; R18/2024) [2025] ZAFSHC 26 (13 February 2025)
The Free State High Court confirmed a magistrate’s section 300 compensation order after finding a proper application had been made through the prosecutor.
S v King (CA&R 393/2014) [2014] ZAECGHC 109 (11 December 2014)
The High Court confirmed the theft conviction but set aside a compensation order under section 300 of the Criminal Procedure Act for procedural non-compliance.
S v Didloft (CA&R No 296/2012) [2012] ZAECGHC 77 (17 September 2012)
High Court review holding that a compensatory order linked to a theft sentence was procedurally unfair and not properly connected to the offence, so it was set aside.
S v Smith (A457/09) [2009] ZAGPPHC 251 (28 May 2009)
On review, the High Court confirmed a theft conviction and sentence, but set aside a compensation order because there was no evidence the prosecutor acted on the complainant’s instructions.
S v Sefatsa (299/2006) [2007] ZAFSHC 4 (22 January 2007)
The court held that the compensation order made by the magistrate under section 300 of the Criminal Procedure Act was inappropriate because the accused had no means or assets to pay the ordered amount. The magistrate's own concession and the authorities cited confirm that such orders should not be made where payment is impossible. The conviction for fraud and the sentence of 12 months' imprisonment were found to be in order, as the accused had unlawfully appropriated pension funds after the death of the beneficiary. The compensation order was accordingly set aside.
Source excerpt
S v Herbert (420/04) [2004] ZANCHC 28 (3 September 2004)
The court confirmed a crimen injuria conviction but set aside an unlawful sentence and compensatory order, remitting the matter for proper sentencing.
S v Oosthuizen (92/2003) [2002] ZANCHC 3 (21 February 2002)
On special review, the court confirmed a theft conviction and sentence but amended a compensation order under section 300 of the Criminal Procedure Act.
S v Mokgadi and Others (14/2001) [2001] ZANWHC 14 (15 March 2001)
High Court review of a stock theft matter confirmed the conviction but set aside the sentence and compensatory order, remitting the case for resentencing.
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