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South Africa Case Law

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Criminal Law [2024] ZAECMHC 86

Booi and Others v S (Appeal) (CA&R38/2024)

Booi and Others v S (Appeal) (CA&R38/2024) [2024] ZAECMHC 86 (25 October 2024)

Appeal against murder and assault convictions succeeded because the regional court failed to comply with section 93ter on assessors.

  • Murder Trial Procedure
  • Assessors In Regional Court
  • Irregularity In Trial
  • Right To Fair Trial
  • Setting Aside Conviction
  • Criminal-appeal
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Criminal Law [2024] ZAGPPHC 844

Kekae v S (A282/17)

Kekae v S (A282/17) [2024] ZAGPPHC 844 (26 August 2024)

The High Court set aside a rape and robbery conviction and sentence after key evidence was missing from the record and the appeal could not be fairly heard.

  • Missing Trial Record
  • Right Of Appeal
  • Fair Trial
  • Condonation
  • Setting Aside Conviction
  • Missing-trial-record
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Criminal Law [2024] ZAECMKHC 18

Yawa v S (CA R 134/2022)

Yawa v S (CA R 134/2022) [2024] ZAECMKHC 18 (14 February 2024)

The High Court upheld a criminal appeal because the trial record was incomplete, making fair consideration impossible, and set aside the conviction and sentence.

  • Right To Fair Trial
  • Incomplete Record On Appeal
  • Setting Aside Conviction
  • Release From Imprisonment
  • Criminal-appeal
  • Incomplete-record-on-appeal
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Criminal Law [2023] ZANCHC 55

Moses v S (CA & R 42/22)

Moses v S (CA & R 42/22) [2023] ZANCHC 55 (8 September 2023)

The High Court set aside a rape conviction because the trial court wrongly barred cross-examination on the complainant’s prior police statement.

  • Cross Examination
  • Fair Trial Rights
  • Technical Irregularity
  • Rape
  • Criminal Procedure Act
  • Setting Aside Conviction
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Criminal Law [2022] ZAFSHC 321

Mofokeng v S (A99/2022)

Mofokeng v S (A99/2022) [2022] ZAFSHC 321 (17 November 2022)

The High Court upheld an appeal where the trial record was missing and could not be reconstructed, set aside the conviction and sentence, and referred the matter for possible retrial.

  • Absence Of Record
  • Technical Irregularity
  • Retrial Procedure
  • Criminal Procedure Act
  • Setting Aside Conviction
  • Criminal-appeal
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Criminal Law [2020] ZAWCHC 48

Chaz v S (A10/20)

Chaz v S (A10/20) [2020] ZAWCHC 48 (2 June 2020)

The High Court set aside a conviction and sentence after the trial record, notes, and recordings could not be reconstructed, making appeal adjudication impossible.

  • Inadequate Trial Record
  • Right To Fair Trial
  • Appeal Procedure
  • Setting Aside Conviction
  • Criminal-appeal
  • Inadequate-trial-record
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Criminal Law [2018] ZANWHC 91

S v Dikgomo (R67/2018)

S v Dikgomo (R67/2018) [2018] ZANWHC 91 (26 July 2018)

The High Court set aside a conviction and sentence after finding the accused’s mental capacity had not been properly assessed before trial and sentencing.

  • Mental Capacity To Stand Trial
  • Criminal Procedure Act Section 304
  • Psychiatric Assessment
  • Setting Aside Conviction
  • Mental-capacity-to-stand-trial
  • Criminal-procedure-act
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Criminal Law [2018] ZAGPPHC 157

Mahlangu and Others v S (A940/12)

Mahlangu and Others v S (A940/12) [2018] ZAGPPHC 157 (4 April 2018)

The High Court amended an earlier appeal order to clarify that the convictions and sentences for murder and robbery were set aside.

  • Murder
  • Robbery
  • Appeal Upheld
  • Setting Aside Conviction
  • Setting Aside Sentence
  • Criminal-law
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Criminal Law [2018] ZANWHC 3

S v Joubert (04/2017, RC150/16)

S v Joubert (04/2017, RC150/16) [2018] ZANWHC 3 (8 March 2018)

The High Court set aside a regional court conviction and sentence because the accused’s guilty plea was not properly tested under section 112 of the CPA.

  • Criminal Procedure Act Section 112
  • Plea Procedure
  • Irregularity In Proceedings
  • Setting Aside Conviction
  • Criminal-procedure-act-section-112
  • Guilty-plea
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Criminal Law [2018] ZAGPPHC 758

Masemola v S (A42/18)

Masemola v S (A42/18) [2018] ZAGPPHC 758 (1 March 2018)

High Court review set aside a conviction for housebreaking and theft because the guilty plea and evidence were not mechanically recorded.

  • Housebreaking And Theft
  • Mechanical Recording Failure
  • Section 275 Criminal Procedure Act
  • Setting Aside Conviction
  • Special-review
  • Criminal-procedure
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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.