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South Africa Case Law

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Criminal Law [2022] ZAGPPHC 6

Cierenberg v S (A6/2021)

Cierenberg v S (A6/2021) [2022] ZAGPPHC 6 (13 January 2022)

Appeal against conviction and sentence for attempted murder dismissed. The High Court held that the trial court properly evaluated the evidence and sentence.

  • Attempted Murder
  • Single Witness Rule
  • Credibility Of Witnesses
  • Sentencing Principles
  • Appeal Powers
  • Victim Impact Report
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Criminal Law [2020] ZAGPPHC 518

Nomqolo v S (A68/2019)

Nomqolo v S (A68/2019) [2020] ZAGPPHC 518 (14 September 2020)

The High Court dismissed an appeal against rape conviction and 10-year sentence, finding the complainant credible, corroborated, and the minimum sentence justified.

  • Rape
  • Single Witness Evidence
  • Minimum Sentences
  • Cautionary Rule
  • Appeal Standard
  • Victim Impact Report
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Criminal Law [2017] ZAFSHC 227

Mathiba v S (A187/2017)

Mathiba v S (A187/2017) [2017] ZAFSHC 227 (14 December 2017)

The High Court dismissed an appeal against a life sentence for rape of an eight-year-old complainant, finding no basis to interfere with sentence.

  • Rape
  • Minimum Sentencing
  • Substantial And Compelling Circumstances
  • Emotional Trauma
  • Physical Injury
  • Victim Impact Report
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Criminal Law [2017] ZAECMHC 41

Thophi v S (CA&R75/17)

Thophi v S (CA&R75/17) [2017] ZAECMHC 41 (17 October 2017)

Appeal against sentence in a rape case involving a child complainant. The court reduced life imprisonment to 20 years, finding youth and other factors were substantial and compelling.

  • Rape Of Minor
  • Sentencing Principles
  • Substantial And Compelling Circumstances
  • Youthful Offender
  • Victim Impact Report
  • Criminal-sentencing
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Criminal Law [2016] ZAFSHC 139

Matabane v S (A105/2016)

Matabane v S (A105/2016) [2016] ZAFSHC 139 (19 August 2016)

Appeal against life imprisonment for rape of an 11-year-old succeeded. The High Court found misdirection in sentencing and reduced the sentence to 18 years.

  • Rape Of Minor
  • Minimum Sentencing
  • Substantial And Compelling Circumstances
  • Victim Impact Report
  • Proportionality Of Sentence
  • Rape-of-minor
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Criminal Law [2012] ZAGPPHC 286

Mashaba v S (A206/2012)

Mashaba v S (A206/2012) [2012] ZAGPPHC 286 (13 November 2012)

Appeal dismissed against convictions for raping and assaulting the appellant’s daughter. The High Court upheld the life sentences and found no prejudice from a chargesheet error.

  • Rape
  • Minimum Sentencing
  • Assault With Intent To Do Grievous Bodily Harm
  • Dna Evidence
  • Child Victim
  • Victim Impact Report
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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.