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Case summary
44 documents
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Years
2023
2022
2019
Authors
University of Cape Town
Topics
Absence of inquiry into understanding of oath (s162)
Accused of advanced age
Accusing complainant of lying
Active role by judicial officer
Admission of child’s age in guilty plea
Advanced age as mitigating factor
Age of child proved for minimum sentence
Aggravating and mitigating factors in rape
Aggravating factors in child pornography
Aggravating factors in child pornography cases
Aggravating factors in rape sentencing
Alibi defence
All evidence to be taken into consideration
Appeal without complete record
Appointment of intermediary
Attempted rape
Calling of witnesses by court
Cautionary rule
Cautionary rule child witness
Cautionary rule for children and single witnesses
Cautionary rule single witness
Chain of evidence
Child pornography
Child witness
Circumstances of 71-year-old offender
Co-perpetrators not before court
Co-perpetrators not found
Competency examination
Competency examination (s164)
Competency examination of person with mental disability
Competency of 13-year-old
Competency of child to testify
Competency test s164
Complainant not cross-examined
Complainant recants in court
Constitutional obligations of police
Content of competency examination
Contradictions and inconsistencies in evidence
Contradictions in evidence
Court record destroyed
Court upper guardian of children
Credibility of child
Cross-examination of accused
Cross-examination of child
DNA evidence
Detention awaiting trial as a mitigating factor
Determining appropriate sentence for rape (digital penetration)
Disclosure of pornography to defence
Distributing child pornography
Dock identification
Doctor required to explain J88
Duty on prosecutor to lead evidence of harm in guilty plea
Enquiry into oath
Evidence of children
Evidence of clinical psychologist on competency
Evidence to be led on child complainant’s age for minimum sentencing
Extradition for child pornography
Fixated sex offender
Forensic evidence of soil
Gang rape
Gravity of rape and gender based violence
Grooming
Guilty plea
Guilty plea in sexual offences cases
Guilty pleas not mitigating factor
Harm suffered by complainant
Hearsay rule in children
Human Rights Case Summaries
Identification in dark
Identification parade
Impact of abuse
Impact of child pornography on children
Impact of inadequate investigation on trauma of complainant
Impact of pornography on children
Impact of rape
Impact of trauma
Inadequate police investigation
Inadequate prosecution
Incomplete evidence by complainant
Indecent assault of 3 girls under 12
Indecent assault of 3 minor females
Intermediary
Judicial officer an umpire
Leading questions by magistrate
Leave to appeal
Life imprisonment
Life sentence
Magistrate has access to documents not in court record
Manufacturing child pornography
Meaning of oath
Minimum sentences
Minimum sentencing
Mitigating factors in child pornography
Mitigating factors in rape sentencing
Multiple postponements
Multiple rape
Must co-perpetrators be convicted in order for life sentence
Need for pre-sentence report or victim impact statement
Oath inquiry s162
Online child pornography
Onus of Proof
Opportunistic sex offenders
Persons with mental disabilities
Police investigation
Police investigation inadequate
Police negligence
Pornography
Possession of child pornography
Predatory sex offenders
Proportionality in sentencing
Prosecution’s discretion not to disclose pornographic evidence
Protection of identity
Rape
Rape & sexual offences of 14-year-old female
Rape by family friend
Rape by family member
Rape by father
Rape by mother's boyfriend
Rape by neighbour
Rape by stepfather
Rape by stranger
Rape by uncle
Rape despicable crime
Rape of 10 year-old stepdaughter
Rape of 11-year-old female
Rape of 12-year-old girl
Rape of 13-year-old girl
Rape of 15-year-old female
Rape of 16-year-old
Rape of 28-year-old female
Rape of 5-year-old
Rape of 6 year old
Rape of 6-year-old female
Rape of 6-year-old girl
Rape of 9-year-old
Rape of 9-year-old female
Rape of girls aged 7 and 8
Rape of minor
Reasons for extradition
Reasons for recantation
Regressed sex offender
Regret and remorse
Rehabilitation of sex offender
Rights of child in court
S164 of CPA Act 1977
Sentencing child pornography
Sentencing in attempted rape
Sentencing in child pornography
Sentencing in child rape
Sentencing in gang rape
Sentencing in rape cases
Sentencing in sexual offences cases
Sentencing in trafficking cases
Sentencing of sex offender
Sex offender typologies
Sexual assault by mother’s boyfriend
Sexual assault of 12-year-old
Sexual exploitation of child
Single witnesses
Special skills for prosecutors and magistrates in child sexual offences cases
Substantial and compelling circumstances
Substantial and compelling factors
Trafficking in Persons for Sexual Purposes
Trauma counselling for complainant
Trauma of testifying
Traumatising cross-examination
Treatment of child witnesses in court
Warrant based on statement made under oath
Warrant to search for pornography
What constitutes competency examination
When can higher court interfere with sentence imposed by lower court
Youth as a mitigating factor
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44 documents
Title
Jurisdiction
Date
Case Summary: S A v Minister of Home Affairs and Another; S J v Minister of Home Affairs and Another; B I v Minister of Home Affairs and Another
Gauteng
University of Cape Town
Case summary
14 March 2023
Case Summary: Ex Parte: Special Investigating Unit; In Re: Special Investigating Unit v Moyo and Another (GP/09/2022) [2023] ZAST 3 (2 February 2023)
University of Cape Town
Case summary
4 February 2023
Case Summary: Special Investigating Unit and Another v LNG Scientific (Pty) Ltd (GP03/2022) [2023] ZAST 4 (3 February 2023)
University of Cape Town
Case summary
4 February 2023
Case Summary: S v Nyaku (A212/2018) [2018] ZAFSHC 208 (22 November 2018) 2020 (2) SACR 102 (FB)
Case summary
16 November 2022
Case Summary: Mutero v S Judgment No. SC 53/18. Civil Appeal No SC 340/15. Supreme Court of Zimbabwe. 3 August 2018
Case summary
10 November 2022
Case Summary: S v Khauta 2020 (2) SACR 547 (FB)
Case summary
10 November 2022
Case Summary: S v Lekeka 2021 (1) SACR 106 (FB)
Case summary
10 November 2022
Case Summary: S v Makorisha HH130/04 CRB R330/03 High Court of Zimbabwe. Harare. 16 June 2004
Case summary
10 November 2022
Case Summary: S v Malherbe 2020(1) SACR 277 (SCA)
Case summary
10 November 2022
Case Summary: S v Mkhonza 2018 JDR 1252 (GJ)
Case summary
10 November 2022
Case Summary: S v Mthombeni 2020 (2) SACR 384 (KZP)
Case summary
10 November 2022
Case Summary: S v Ramontja 2020 (1) SACR 556 (NWM)
Case summary
10 November 2022
Case Summary: Viveiros v S (75/98) [2000] ZASCA 95; [2000]2 All SA 86 (A) (9 March 2000)
Case summary
10 November 2022
Case Summary: Mohanlal Shamji Soni v Union of India 1991 SUPP (1) SCC 271 (AIR 1991 SC 1346)
Case summary
3 November 2022
Case Summary: M v S (Unreported) Case no. A343/2018 (14 May 2019) Western Cape Division of High Court (Cape Town)
Case summary
3 November 2022
Case Summary: Nell v State (Unreported) Case no. A591/2014. 22 October 2015. Gauteng Division of High Court (Pretoria)
Case summary
3 November 2022
Case Summary: S v AF 2018 (1) SACR 377 (WCC)
Case summary
3 November 2022
Case Summary: S v Ceylon and Another 2019 (1) SACR 698 (GJ)
Case summary
3 November 2022
Case Summary: S v Dos Santos 2018 (1) SACR 20 (GP)
Case summary
3 November 2022
Case Summary: S v Enslin 2017 JDR 0241 (GP)
Case summary
3 November 2022
Case Summary: S v Haupt 2018 (1) SACR 12 (GP)
Case summary
3 November 2022
Case Summary: S v JA 2017 (2) SACR 143 (NCK)
Case summary
3 November 2022
Case Summary: S v JN 2020 (2) SACR 412 (FB)
Case summary
3 November 2022
Case Summary: S v Khanye 2020 (2) SACR 399 (GJ)
Case summary
3 November 2022
Case Summary: S v Masuku 2019 (1) SACR 276 (GJ)
Case summary
3 November 2022
Case Summary: S v Ndlovu 2019 (1) SACR 686 (KZP)
Case summary
3 November 2022
Case Summary: S v Sangweni 2019 (1) SACR 672 (KZP)
Case summary
3 November 2022
Case Summary: S v Skepe 2019 (2) SACR 349 (ECP)
Case summary
3 November 2022
Case Summary: S v Steward 2017 (1) SACR 156 (NCK)
Case summary
3 November 2022
Case summary: S v Dlamini 2019 (1) SACR 467 (KZP)
Case summary
1 November 2022
Case summary: AK v Minister of Safety and Security and Others (3429 of 2013) [2018] ZAECPEHC 82 (22 November 2018) 2019 (1) SACR 529 (ECP)
Case summary
7 November 2019
Case summary: Carolissen v Director of Public Prosecutions (A 531/2015) [2016] ZAWCHC 50 (6 May 2016) 2016 (2) SACR 171 (WCC)
Case summary
7 November 2019
Case summary: Director of Public Prosecutions: Gauteng Division, Pretoria v Hamisi (895 of 2017) [2018] ZASCA 61; 2018 (2) SACR 230 (SCA) (21 May 2018)
Case summary
7 November 2019
Case summary: Director of Public Prosecutions, Gauteng Division, Pretoria v K M (1101 of 2015) [2017] ZASCA 78; 2017 (2) SACR 177 (SCA) (02 June 2017)
Case summary
7 November 2019
Case summary: Director of Public Prosecutions, Gauteng v M G (6 of 2017) [2017] ZASCA 82; 2017 (2) SACR 132 (SCA) (02 June 2017)
Case summary
7 November 2019
Case summary: Director of Public Prosecutions North Gauteng v Alberts (A835/14) [2016] ZAGPPHC 495 (30 June 2016) 2016 (2) SACR 419 (GP)
Case summary
7 November 2019
Case summary: Du Toit v The Magistrate and Others (733/2015) [2016] ZASCA 15; 2016 (2) SACR 112 (SCA) (11 March 2016)
Case summary
7 November 2019
Case summary: Haarhoff & Another v DPP (Grahamstown) [2018] ZASCA 184
Case summary
7 November 2019
Case summary: S v Beale (A283/18) [2019] ZAWCHC 115 (3 May 2019)
Case summary
7 November 2019
Case summary: S v Bessick [2012] ZAWCHC 248 (29 May 2012)
Case summary
7 November 2019
Case summary: S v ML 2016 (2) SACR 160 (SCA)
Case summary
7 November 2019
Case summary: S v Ngcobo 2018 (1) SACR 479 (SCA)
Case summary
7 November 2019
Case summary: S v W D (AR 326/2009) [2009] ZAKZPHC 48 (8 October 2009)
Case summary
7 November 2019
Case summary: S v W D (AR 326 of 2009) [2009] ZAKZPHC 48 (08 October 2009)
Case summary
7 November 2019
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