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South Africa Case Law

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Criminal Law [2022] ZAFSHC 143

S v Kai (R20/2022)

S v Kai (R20/2022) [2022] ZAFSHC 143 (6 June 2022)

On automatic review, the High Court confirmed maintenance convictions but held that the sentence on the section 39 count exceeded the statutory maximum and substituted one year imprisonment.

  • Maintenance Act Offences
  • Failure To Pay Maintenance
  • Sentencing Limits
  • Change Of Address Notification
  • Maintenance-act-offences
  • Failure-to-pay-maintenance
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Criminal Law [2017] ZAGPPHC 912

S v Hlatswayo (A104/12)

S v Hlatswayo (A104/12) [2017] ZAGPPHC 912 (9 March 2017)

The High Court reviewed and set aside a three-year trespass sentence because it exceeded the two-year statutory maximum, and remitted the matter for resentencing.

  • Trespass Act
  • Sentencing Limits
  • Review Procedure
  • Sentencing-limits
  • Criminal-review-procedure
  • Trespass-act
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Criminal Law [2013] ZAFSHC 56

S v Moreki (77/2013)

S v Moreki (77/2013) [2013] ZAFSHC 56 (1 April 2013)

On special review, the High Court confirmed the conviction for malicious injury to property but set aside the sentence because the fine exceeded the statutory limit.

  • Malicious Injury To Property
  • Criminal Procedure Act
  • Sentencing Limits
  • Review Proceedings
  • Criminal-law
  • Malicious-injury-to-property
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Criminal Law [2011] ZAFSHC 167

S v Mekoa (37/2011)

S v Mekoa (37/2011) [2011] ZAFSHC 167 (27 October 2011)

On special review, the High Court set aside an excessive sentence for failure to appear and replaced it with a lawful fine of R200 or 30 days’ imprisonment.

  • Failure To Appear
  • Sentencing Limits
  • Criminal Procedure Act
  • Failure-to-appear
  • Sentencing-limits
  • Criminal-procedure-act
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Criminal Law [2011] ZANWHC 37

S v Magwaza (14/11)

S v Magwaza (14/11) [2011] ZANWHC 37 (26 August 2011)

The High Court reviewed and set aside a magistrate’s conviction and sentence because section 112(1)(a) was misapplied and the fine exceeded the statutory limit.

  • Criminal Procedure Act Section 112
  • Minor Offences
  • Sentencing Limits
  • Possession Of Dependence Producing Substance
  • Criminal-procedure
  • Section-112
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Criminal Law [2011] ZAFSHC 213

S v Kholoane (570/2010)

S v Kholoane (570/2010) [2011] ZAFSHC 213; 2012 (1) SACR 8 (FB) (10 February 2011)

Review of guilty plea conviction set aside because the magistrate used section 112(1)(a) despite a serious charge and an excessive fine.

  • Criminal Procedure Act Section 112
  • Guilty Plea Procedure
  • Procedural Irregularity
  • Review Of Conviction
  • Sentencing Limits
  • Criminal-procedure-act-section-112
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Criminal Law [2010] ZAFSHC 115

S v Qacha (601/2009)

S v Qacha (601/2009) [2010] ZAFSHC 115 (12 August 2010)

On review, the High Court confirmed a guilty conviction but reduced a sentence imposed under section 112(1)(a) to the statutory fine limit of R1500.

  • Immigration Act Offence
  • Sentencing Limits
  • Section 112 Procedure
  • Section-112-procedure
  • Sentencing-limits
  • Immigration-act-offence
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Criminal Law [2006] ZANWHC 21

S v Moseki (18/06)

S v Moseki (18/06) [2006] ZANWHC 21 (16 March 2006)

On automatic review, the High Court confirmed conviction for tendering counterfeit currency, but set aside a five-year sentence as above the magistrate’s sentencing jurisdiction.

  • Counterfeit Currency
  • Magistrates Court Jurisdiction
  • Sentencing Limits
  • Dishonesty Offences
  • Magistrates-court-jurisdiction
  • Sentencing-limits
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Criminal Law [2004] ZANCHC 71

S v Janes (corrected judgment) (340/04)

S v Janes (corrected judgment) (340/04) [2004] ZANCHC 71 (3 September 2004)

On automatic review, the High Court confirmed the conviction but corrected an unlawful sentence that exceeded the ministerial fine limit and did not match the statute.

  • Unlawful Dealing In Dagga
  • Sentencing Limits
  • Automatic Review
  • Suspended Sentence
  • Criminal-law
  • Automatic-review
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