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South Africa decisions
Decisions matching the current search
S v Reditsebe (R180/2016) [2016] ZAFSHC 209 (15 December 2016)
On review, the High Court set aside a guilty plea conviction for driving under the influence because the accused was not properly questioned on impairment.
S v Matsheka (368/2007) [2007] ZAFSHC 94 (6 September 2007)
High Court review confirming a drunk-driving conviction but reducing a disproportionate sentence and revoking a driver’s-licence suspension.
S v Botha (A141/06) [2006] ZANCHC 77 (1 January 2006)
The appeal against conviction was dismissed as the evidence established that the appellant negligently lost control of his vehicle, causing the deaths of two persons. The trial court correctly applied the principle that, in the absence of a plausible explanation, negligence may be inferred from the circumstances. The argument that the passenger's statement shifted blame was rejected, as there was no factual basis or evidence supporting an alternative cause. However, the appeal against sentence succeeded. The trial court erred in finding gross negligence or recklessness and in imposing a sever…
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