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Citation
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Judgment date
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| February 2017 |
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Where no special circumstances exist, stock theft attracts the statutory nine-year minimum; courts cannot inflate sentences merely to enable suspended portions for restitution.
Criminal law — Stock theft (s 114) — Mandatory minimum sentence — Absent special circumstances court must impose nine years — Aggravating factors insufficient to justify departure — Improper to increase sentence to enable suspension for restitution — Restitution via Part XIX Criminal Procedure and Evidence Act.
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22 February 2017 |
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An urgent interdict to halt disciplinary transfers was dismissed despite prima facie appeal prospects due to lack of irreparable harm.
Interim interdicts — requisites for interlocutory interdicts (prima facie right; irreparable harm; balance of convenience; no satisfactory alternative remedy; prospects of success) — urgency — transfers in public service as disciplinary sentence — review of disciplinary proceedings for procedural compliance and time limits.
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17 February 2017 |
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Bail denied where strong phone-log and recovery evidence, misuse of ex-police status and risk of abscondment showed compelling reasons to detain.
Criminal procedure Bail pending trial Strength of State case (telephone/Sim-card evidence, recovery of stolen vehicle, false plates) Impersonation/abuse of ex-police status Risk of abscondment Authentication of telephone records.
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14 February 2017 |
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Vindicatory relief granted where transfers originated in fraud; a thief cannot pass valid title; subsequent deeds cancelled.
Property law – vindicatory relief – fraudulent transfer by impersonation – counterfeit power of attorney and tax certificate – thief cannot pass valid title – non‑joinder of agents/conveyancers not fatal – no real dispute of fact; prescription rejected.
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10 February 2017 |
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Whether self-defence or provocation excused a fatal assault and whether constructive intent for murder was established.
Criminal law – Murder (s 47(1)(b)) – Constructive intent established where accused realised real risk of death from violent assault with dangerous weapon; self-defence and provocation unavailable – Conviction may rest on single credible witness plus admissions – Sentencing: weight to aggravating and mitigating factors.
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10 February 2017 |
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Accused discharged where medical evidence showed death from placental hemorrhage and no evidence of strangulation or intent.
Criminal law – Discharge at close of State case (s 198(3) Criminal Procedure and Evidence Act) – Murder charge – causation – post-mortem finding of haemorrhagic shock from placental bleeding – no evidence of strangulation or intent – State concession.
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10 February 2017 |
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Driving-without-licence conviction quashed where incident occurred on private farm road; culpable homicide sentence confirmed but life driving ban reduced.
Road Traffic Act – meaning of "road" – private farm road not a "road" for s 6(1) offence; Tractor driving exceptions – s 8 (tractor permit/owner/self-employed); Sentencing in culpable homicide arising from driving – need for precise assessment of degree of negligence; Driving prohibition – ss 64–65, application of ss 52, 54, 55; necessity of evidence on vehicle weight and blood-alcohol concentration; Charging precision and drafting errors.
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3 February 2017 |