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South Africa Case Law

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Criminal Law [2023] ZAECMKHC 30

Van Tonder v S (CA&R 125/2022)

Van Tonder v S (CA&R 125/2022) [2023] ZAECMKHC 30 (14 March 2023)

Conviction for murder, theft and negligent driving was upheld, but the High Court reduced the sentence after finding material misdirection in sentencing.

  • Murder
  • Theft
  • Negligent Driving
  • Single Witness Identification
  • Admissibility Of Admissions
  • Sentencing Principles
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Criminal Law [2019] ZAGPPHC 323

Gonyonga v S (A100-2018)

Gonyonga v S (A100-2018) [2019] ZAGPPHC 323 (18 July 2019)

The High Court upheld a murder conviction but reduced the sentence from 15 to 12 years after finding the trial court failed to consider substantial and compelling circumstances.

  • Murder
  • Minimum Sentencing Regime
  • Alibi
  • Single Witness Identification
  • Intention To Kill
  • Minimum-sentencing-regime
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Criminal Law [2012] ZAGPJHC 174

Myaka and Others v S (A5040/2011, 215/2005)

Myaka and Others v S (A5040/2011, 215/2005) [2012] ZAGPJHC 174 (21 September 2012)

The High Court dismissed a criminal appeal against convictions for housebreaking, murder and firearms offences, finding the record adequate and the evidence sufficient.

  • Admissibility Of Evidence
  • Single Witness Identification
  • Common Purpose
  • Delay In Judgment
  • Appeal Procedure
  • Criminal-appeal
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Criminal Law [2009] ZAGPPHC 119

Chowe v S (A197/09)

Chowe v S (A197/09) [2009] ZAGPPHC 119; 2010 (1) SACR 141 (GNP) (18 September 2009)

The court found that the magistrate did not misdirect himself in accepting the evidence of the complainant and police witnesses regarding the identification and circumstances of the robbery and possession of the firearm. The appellant's version was rejected as false and improbable. However, the court held that the failure to warn the appellant at the commencement of trial about the applicability of the Minimum Sentencing Act constituted a misdirection and infringed his right to a fair trial. The court further found that the combination of the appellant's age, prospects of rehabilitation, low…

  • Minimum Sentencing Act
  • Robbery With Aggravating Circumstances
  • Unlawful Possession Of Firearm
  • Fair Trial Rights
  • Single Witness Identification
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Criminal Law [2009] ZAECGHC 94

Stuurman v S ([2009] ZAECGHC 23)

Stuurman v S ([2009] ZAECGHC 23) [2009] ZAECGHC 94 (7 April 2009)

Appeal against murder conviction and minimum sentence dismissed. The court upheld a single eyewitness identification, rejected the alibi, and confirmed 15 years’ imprisonment.

  • Murder
  • Single Witness Identification
  • Minimum Sentencing
  • Alibi Defence
  • Appeal Procedure
  • Single-witness-identification
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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.