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South Africa Case Law

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Criminal Law [2012] ZAFSHC 33

S v Lethoko (P38/12)

S v Lethoko (P38/12) [2012] ZAFSHC 33 (1 March 2012)

The High Court struck a petition for leave to appeal from the roll after finding the activated suspended sentence already ran concurrently with the later sentence.

  • Suspended Sentence Activation
  • Leave To Appeal
  • Concurrent Sentences
  • Fraud Conviction
  • Suspended-sentence-activation
  • Leave-to-appeal
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Criminal Law [2008] ZAWCHC 252

Botha v S (A300/2007)

Botha v S (A300/2007) [2008] ZAWCHC 252 (22 August 2008)

The High Court dismissed an appeal against sentence but set aside the activation of a suspended sentence, finding the activation was made without authority.

  • Fraud
  • Suspended Sentence Activation
  • Sentence Appeal
  • Review Jurisdiction
  • Forgery
  • Sentence-appeal
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Criminal Law [2006] ZANCHC 49

Visser v Streeklanddros vir die Streekafdeling Noord-Kaap and Others (CA&R 37/05)

Visser v Streeklanddros vir die Streekafdeling Noord-Kaap and Others (CA&R 37/05) [2006] ZANCHC 49 (22 September 2006)

Review of a magistrate’s order activating a suspended sentence was dismissed. The court held there was no gross irregularity and the magistrate had exercised discretion properly.

  • Suspended Sentence Activation
  • Judicial Discretion
  • Gross Irregularity
  • Review Proceedings
  • Costs Order
  • Suspended-sentence-activation
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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.