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South Africa Case Law

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Criminal Law [2025] ZANWHC 30

Msindo v S (CAP 09/2025 ; CA 74/2018)

Msindo v S (CAP 09/2025 ; CA 74/2018) [2025] ZANWHC 30 (10 February 2025)

The High Court dismissed a petition for leave to appeal against sentence, finding no reasonable prospects of success, while condemning long administrative delay in processing the matter.

  • Leave To Appeal
  • Sentence Appropriateness
  • Administrative Delay
  • Petition Procedure
  • Fair Trial Rights
  • Leave-to-appeal
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Criminal Law [2019] ZAWCHC 148

Mhlaba v S (A267/19)

Mhlaba v S (A267/19) [2019] ZAWCHC 148 (8 November 2019)

Appeal against conviction and sentence for attempted rape dismissed. The court upheld the complainant’s evidence and found the sentence appropriate.

  • Attempted Rape
  • Credibility Of Witnesses
  • Gender Based Violence
  • Sentence Appropriateness
  • Attempted-rape
  • Criminal-appeal
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Criminal Law [2019] ZAGPPHC 486

Makgene and Another v S (A199/2016)

Makgene and Another v S (A199/2016) [2019] ZAGPPHC 486 (17 September 2019)

The trial court failed to comply with the mandatory provisions of Section 93 ter (1) of the Magistrates' Court Act by not properly engaging the appellant or his legal representative regarding the appointment of assessors in the murder trial. The record did not reflect any waiver or appointment of assessors, nor did it indicate that the trial court was properly constituted. This failure rendered the conviction and sentence for murder invalid and they were set aside. Regarding the conviction for attempted murder, the evidence was found to be corroborated by independent witnesses and the appella…

  • Murder Trial Procedure
  • Appointment Of Assessors
  • Self Defence
  • Appeal On Conviction
  • Sentence Appropriateness
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Criminal Law [2018] ZANCHC 58

Mdubane v S (CA & R 97/17)

Mdubane v S (CA & R 97/17) [2018] ZANCHC 58 (18 May 2018)

The High Court upheld an appeal against conviction and sentence for possession of suspected stolen copper cable, finding the appellant’s version reasonably possibly true.

  • Possession Of Suspected Stolen Property
  • Onus Of Proof
  • Appeal On Factual Findings
  • Sentence Appropriateness
  • Criminal-law
  • Possession-of-suspected-stolen-property
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Criminal Law [2015] ZAGPPHC 565

Monare v S (A 416/2014)

Monare v S (A 416/2014) [2015] ZAGPPHC 565 (7 August 2015)

The High Court reduced a robbery sentence from 15 to 13 years after finding the trial court failed to properly account for time already spent in custody.

  • Minimum Sentencing
  • Robbery With Aggravating Circumstances
  • Pre-sentence Custody
  • Sentence Appropriateness
  • Criminal-law
  • Sentencing
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Criminal Law [2015] ZASCA 50

Dlamini v S (634/2013)

Dlamini v S (634/2013) [2015] ZASCA 50 (27 March 2015)

The Supreme Court of Appeal dismissed an appeal against refusal of leave to appeal, holding there were no reasonable prospects of success on conviction or sentence.

  • Leave To Appeal
  • Sentence Appropriateness
  • Robbery With Aggravating Circumstances
  • Theft Of Motor Vehicle
  • Assault With Intent To Cause Grievous Bodily Harm
  • Leave-to-appeal
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Criminal Law [2015] ZAGPPHC 148

Mavimbela v S (A566/2014)

Mavimbela v S (A566/2014) [2015] ZAGPPHC 148 (17 March 2015)

The court upheld Jabulani Mavimbela’s conviction for motor vehicle theft, but found the original 10-year sentence excessive and reduced it to five years.

  • Theft Of Motor Vehicle
  • Doctrine Of Recent Possession
  • Credibility Of Co Accused
  • Sentence Appropriateness
  • Motor-vehicle-theft
  • Recent-possession
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Criminal Law [2015] ZAGPPHC 299

Mavimbela v S (A566/2014)

Mavimbela v S (A566/2014) [2015] ZAGPPHC 299 (17 March 2015)

Appeal against conviction for motor-vehicle theft dismissed; sentence reduced from 10 years to 5 years after the High Court applied recent-possession reasoning.

  • Theft Of Motor Vehicle
  • Doctrine Of Recent Possession
  • Credibility Of Co Accused
  • Sentence Appropriateness
  • Motor-vehicle-theft
  • Recent-possession
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Criminal Law [2014] ZAGPJHC 56

Smith v S (A418/2013)

Smith v S (A418/2013) [2014] ZAGPJHC 56 (28 March 2014)

The High Court upheld Ricardo Smith’s appeal, setting aside his convictions and sentences for housebreaking/theft and common assault after finding the evidence and record inadequate.

  • Housebreaking And Theft
  • Common Assault
  • Single Witness Evidence
  • Sentence Appropriateness
  • Record Deficiency
  • Housebreaking-and-theft
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Criminal Law [2011] ZAGPPHC 135

Khubeka v S (A615/2010)

Khubeka v S (A615/2010) [2011] ZAGPPHC 135 (29 July 2011)

The High Court dismissed a criminal appeal against murder conviction and seven-year sentence, finding the appellant exceeded lawful self-defence by shooting an unarmed deceased.

  • Murder
  • Self Defence
  • Mens Rea
  • Sentence Appropriateness
  • Self-defence
  • Criminal-appeal
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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.