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Radebe and Others v S (A227/2012) [2018] ZAFSHC 64; 2019 (1) SACR 565 (FB) (24 May 2018)
The appeal succeeded on count 4 and on sentence. The court set aside assault GBH convictions, rejected common-purpose liability on those facts, and reduced the effective terms.
S v Qamba and Others (SS015/2016) [2016] ZAGPJHC 226 (24 August 2016)
The court found that the accused, as leader of the Mahlathika gang, played a central role in the brutal murder of the deceased, which was committed in full view of the public and contributed to a climate of fear and lawlessness in the community. The accused's youthfulness, previous conviction, and influential position within the gang were considered, but the court held that these factors, when weighed cumulatively against the gravity of the offence and the interests of society, did not constitute substantial and compelling circumstances justifying deviation from the prescribed minimum sentenc…
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