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South Africa Case Law

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Criminal Law [2024] ZALMPPHC 178

S v M.V.M and Another (Review) (REV 150/2024)

S v M.V.M and Another (Review) (REV 150/2024) [2024] ZALMPPHC 178 (15 November 2024)

On automatic review, the High Court replaced robbery convictions on count 1 with theft after finding the phone was obtained by misrepresentation, not force.

  • Child Justice Act
  • Robbery
  • Theft By False Pretences
  • Fraud
  • Competent Verdicts
  • Sentencing
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Criminal Law [2018] ZAGPJHC 604

Nkosi v S (A276/2015)

Nkosi v S (A276/2015) [2018] ZAGPJHC 604; 2019 (1) SACR 570 (GJ) (2 November 2018)

The High Court dismissed an appeal against convictions for fraud and theft arising from truck deposit transactions and revoked the appellant’s bail.

  • Fraud
  • Theft By False Pretences
  • Intent To Steal
  • Credibility Of Witnesses
  • Theft-by-false-pretences
  • Criminal-appeal
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Criminal Law [2016] ZAFSHC 191

Van Heerden v S (A160/2016)

Van Heerden v S (A160/2016) [2016] ZAFSHC 191 (27 October 2016)

The court found that the appellant's defence of consent was not supported by the evidence. Although the complainant signed stock removal certificates, her consent was obtained through fraudulent misrepresentation, as she was not informed that the cattle had already been sold and the proceeds received by the appellant. The court confirmed that unlawfulness is an essential element of theft and that fraud vitiates consent, rendering the appellant's conduct unlawful. The appellant's version regarding payment to the complainant's son was found to be false and not reasonably possibly true. The evid…

  • Stock Theft
  • Consent And Unlawfulness
  • Theft By False Pretences
  • Fraudulent Misrepresentation
  • Single Witness Evidence
  • Sentencing Guidelines
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Criminal Law [2011] ZAFSHC 38

Moloi v S (A176/2008)

Moloi v S (A176/2008) [2011] ZAFSHC 38 (24 February 2011)

The High Court upheld an appeal against a theft by false pretences conviction, finding the accused’s alibi reasonably possibly true and setting aside the sentence.

  • Theft By False Pretences
  • Alibi Defence
  • Credibility Of Witnesses
  • Onus Of Proof
  • Criminal-appeal
  • Alibi-defence
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Criminal Law [2008] ZASCA 117

S v Mia and Another (344/07)

S v Mia and Another (344/07) [2008] ZASCA 117; 2009 (1) SACR 330 (SCA) ; [2009] 1 All SA 447 (SCA) (26 September 2008)

The Supreme Court of Appeal upheld Mia’s acquittal and confirmed Howell’s theft conviction, holding that theft by false pretences is a competent verdict on robbery.

  • Theft By False Pretences
  • Competent Verdicts
  • Robbery
  • Criminal Procedure Act Section 260
  • Criminal-law
  • Theft-by-false-pretences
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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.