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South Africa Case Law

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Criminal Law [2016] ZASCA 64

Radzilane v S (127/15)

Radzilane v S (127/15) [2016] ZASCA 64 (16 May 2016)

The Supreme Court of Appeal held that a court cannot impose a new sentence when enforcing a suspended sentence under the Criminal Procedure Act.

  • Suspended Sentence
  • Criminal Procedure Act
  • Leave To Appeal
  • Sentence Enforcement
  • Criminal-procedure
  • Suspended-sentence
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Criminal Law [2010] ZACC 8

Mthembu v S (CCT115/09)

Mthembu v S (CCT115/09) [2010] ZACC 8; 2010 (1) SACR 619 (CC) ; 2010 (7) BCLR 636 (CC) (25 March 2010)

The Constitutional Court dismissed leave to appeal, holding that a six-year delay in arresting the applicant to serve sentence did not justify constitutional relief.

  • Leave To Appeal
  • Execution Of Sentence Delay
  • Section 12 Rights
  • Bail Conditions
  • Criminal Conviction
  • Sentence Enforcement
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Criminal Law [2010] ZAFSHC 22

S v Ntulini

S v Ntulini [2010] ZAFSHC 22 (25 February 2010)

The court held that a magistrate could not order an earlier suspended sentence to run concurrently with a later sentence when activating the suspension.

  • Suspended Sentence
  • Concurrent Sentences
  • Criminal Procedure Act
  • Sentence Enforcement
  • Concurrent-sentences
  • Suspended-sentence
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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.