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South Africa Case Law

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Criminal Law [2025] ZANWHC 18

Dick and Another v S (CA 45/2020)

Dick and Another v S (CA 45/2020) [2025] ZANWHC 18 (28 January 2025)

Appeal against rape, theft of motor vehicle convictions and life sentences dismissed; late filing condoned.

  • Rape
  • Minimum Sentencing
  • Identification Evidence
  • Single Witness
  • Condonation Of Late Appeal
  • Theft Of Motor Vehicle
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Criminal Law [2023] ZAGPJHC 1346

William and Another v S (A064/2019)

William and Another v S (A064/2019) [2023] ZAGPJHC 1346 (20 November 2023)

The High Court dismissed an appeal against sentence for multiple motor vehicle thefts, confirming effective 10-year sentences and finding no misdirection.

  • Theft Of Motor Vehicle
  • Sentencing Principles
  • Remorse
  • Common Purpose
  • Abuse Of Trust
  • Sentencing-principles
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Criminal Law [2023] ZAGPJHC 1340

Miya v S (A126/2019)

Miya v S (A126/2019) [2023] ZAGPJHC 1340 (20 November 2023)

The High Court dismissed an appeal against a nine-year sentence for motor vehicle theft, finding no misdirection and no basis to order concurrency.

  • Sentencing Discretion
  • Concurrent Sentences
  • Theft Of Motor Vehicle
  • Remorse
  • Previous Convictions
  • Criminal-sentencing
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Criminal Law [2023] ZAGPPHC 1995

Nyembe v S (A283/2020)

Nyembe v S (A283/2020) [2023] ZAGPPHC 1995 (25 August 2023)

The High Court set aside a robbery conviction based on common purpose, upheld the motor-vehicle theft conviction, and remitted sentence on count 2.

  • Common Purpose
  • Robbery With Aggravating Circumstances
  • Theft Of Motor Vehicle
  • Sentencing Principles
  • Common-purpose
  • Robbery-with-aggravating-circumstances
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Criminal Law [2023] ZAFSHC 308

Mothobi v S (A25/2023)

Mothobi v S (A25/2023) [2023] ZAFSHC 308 (8 August 2023)

The High Court upheld an appeal against convictions for motor-vehicle theft and possession of suspected stolen property, setting both convictions aside.

  • Theft Of Motor Vehicle
  • Possession Of Suspected Stolen Property
  • Doctrine Of Recent Possession
  • Identification Evidence
  • Alibi Defence
  • Criminal-law
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Criminal Law [2021] ZAKZPHC 3

Mbongwa v S (AR397/2019)

Mbongwa v S (AR397/2019) [2021] ZAKZPHC 3 (20 January 2021)

A full bench of the KwaZulu-Natal High Court upheld an appeal against conviction for theft of a motor vehicle, finding the appellant’s alibi could not be rejected.

  • Theft Of Motor Vehicle
  • Alibi Defence
  • Burden Of Proof
  • Possession Of Stolen Property
  • Criminal-law
  • Alibi-defence
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Criminal Law [2017] ZAGPPHC 215

Dlamini and Another v S (A225/2016)

Dlamini and Another v S (A225/2016) [2017] ZAGPPHC 215 (20 April 2017)

The court found that the appellants had unlawfully appropriated the motor vehicle by moving it from its original position, damaging its locks and ignition, and stealing items from within, thereby excluding the owner from the enjoyment of her property. The facts were distinguishable from precedents where appropriation was not established. The trial court correctly convicted the appellants of theft. Regarding sentence, the court held that the trial court had properly considered all relevant factors, including personal circumstances and prior convictions, and that the sentences imposed were not…

  • Theft Of Motor Vehicle
  • Attempted Theft
  • Sentencing Principles
  • Appropriation
  • Contrectatio
  • Identity Of Accused
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Criminal Law [2016] ZAECGHC 24

Booi v S (CA&R145/2015)

Booi v S (CA&R145/2015) [2016] ZAECGHC 24 (28 April 2016)

The High Court dismissed an appeal against conviction and eight years’ imprisonment for theft of a motor vehicle, upholding the magistrate’s credibility findings.

  • Theft Of Motor Vehicle
  • Circumstantial Evidence
  • Onus Of Proof
  • Sentencing Principles
  • Motor-vehicle-theft
  • Circumstantial-evidence
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Criminal Law [2016] ZAGPJHC 250

Davies v S (A337/2015)

Davies v S (A337/2015) [2016] ZAGPJHC 250 (1 April 2016)

Appeal against sentence for theft of a motor vehicle dismissed; five years' imprisonment was upheld, and correctional supervision was rejected.

  • Theft Of Motor Vehicle
  • Sentencing Principles
  • Dolus Eventualis
  • Correctional Supervision
  • Remorse
  • Minimum Sentences
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Criminal Law [2015] ZASCA 50

Dlamini v S (634/2013)

Dlamini v S (634/2013) [2015] ZASCA 50 (27 March 2015)

The Supreme Court of Appeal dismissed an appeal against refusal of leave to appeal, holding there were no reasonable prospects of success on conviction or sentence.

  • Leave To Appeal
  • Sentence Appropriateness
  • Robbery With Aggravating Circumstances
  • Theft Of Motor Vehicle
  • Assault With Intent To Cause Grievous Bodily Harm
  • Leave-to-appeal
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About this LexChat collection

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.