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South Africa Case Law

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Criminal Law [2015] ZAECGHC 21

Stevens v S (CA&R 266/2014)

Stevens v S (CA&R 266/2014) [2015] ZAECGHC 21 (25 March 2015)

Appeal against sentence in a robbery and rape case allowed in part after the court found substantial and compelling circumstances, including youth and remorse.

  • Minimum Sentences
  • Substantial And Compelling Circumstances
  • Sentencing Youth Offenders
  • Rape
  • Robbery With Aggravating Circumstances
  • Unlawful Possession Of Firearm
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Criminal Law [2011] ZAECGHC 88

Gumede v S (CA&R181/2011)

Gumede v S (CA&R181/2011) [2011] ZAECGHC 88 (17 November 2011)

The High Court confirmed convictions for theft and assault as competent verdicts on a robbery charge, but set aside sentence pending an inquiry into the appellant’s age.

  • Competent Verdicts
  • Sentencing Youth Offenders
  • Age Determination
  • Housebreaking
  • Theft
  • Assault With Intent To Do Grievous Bodily Harm
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Criminal Law [2011] ZAWCHC 565

Buqa v S (A321/2011)

Buqa v S (A321/2011) [2011] ZAWCHC 565 (20 September 2011)

The High Court dismissed an appeal against conviction and sentence for robbery with aggravating circumstances, finding the State proved guilt beyond reasonable doubt.

  • Robbery With Aggravating Circumstances
  • Onus Of Proof
  • Right To Silence
  • Sentencing Youth Offenders
  • Robbery-with-aggravating-circumstances
  • Circumstantial-evidence
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Criminal Law [2006] ZAFSHC 84

S v Leew and Another (602/2006)

S v Leew and Another (602/2006) [2006] ZAFSHC 84 (6 July 2006)

The High Court reviewed sentence for two accused convicted of housebreaking and theft, confirming both convictions and reducing the first accused’s sentence to two years.

  • Sentencing Youth Offenders
  • Housebreaking
  • Theft
  • Sentence Review
  • Sentencing-youth-offenders
  • Sentence-review
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Criminal Law [2005] ZAFSHC 144

S v Moejane (1269/2005)

S v Moejane (1269/2005) [2005] ZAFSHC 144 (10 November 2005)

The court confirmed conviction and suspended imprisonment for dealing in cannabis, but reduced the alternative jail term attached to the fine as disproportionate.

  • Sentencing Youth Offenders
  • Alternative Sentencing
  • Proportionality Of Sentence
  • Drug Offences
  • Sentencing-youth-offenders
  • Alternative-sentencing
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Criminal Law [2005] ZAFSHC 123

S v Lebeko and Others (89/2005)

S v Lebeko and Others (89/2005) [2005] ZAFSHC 123 (14 April 2005)

High Court review confirming stock-theft convictions, but reducing the sentence of a 17-year-old first offender because the original term was too harsh.

  • Stock Theft
  • Sentencing Youth Offenders
  • Suspended Sentence
  • First Offender
  • Review Procedure
  • Stock-theft
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Criminal Law [2002] ZANCHC 32

S v Nelson (919/2002)

S v Nelson (919/2002) [2002] ZANCHC 32 (31 October 2002)

On review, the High Court upheld a housebreaking conviction but found a three-year sentence for a 15-year-old accused excessive and reduced it to 18 months.

  • Sentencing Youth Offenders
  • Housebreaking
  • Mitigation Of Sentence
  • Sentencing-youth-offenders
  • Mitigation-of-sentence
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Criminal Law [1988] ZASCA 44

S v Willemse and Others (2/87)

S v Willemse and Others (2/87) [1988] ZASCA 44; [1988] 2 All SA 435 (A) (13 May 1988)

Appeal from convictions for housebreaking, rape, theft and murder. Confessions and identification evidence were upheld; only the youth offender's sentence was reduced.

  • Admissibility Of Confessions
  • Identification Evidence
  • Sentencing Youth Offenders
  • Rape
  • Murder
  • Housebreaking
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Criminal Law [1984] ZASCA 147

S v Twaza (265/84)

S v Twaza (265/84) [1984] ZASCA 147 (28 November 1984)

The appeal against two death sentences succeeded after the court found the appellant’s age was not properly determined and substituted 12 years’ imprisonment.

  • Sentencing Youth Offenders
  • Death Penalty
  • Statutory Discretion
  • Assessment Of Age
  • Procedural Irregularity
  • Criminal-sentencing
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