- Flynote
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Criminal Law and Procedure – murder – deceased shot by unidentified person in shootout with the authorities – accused had dolus indeterminatus to commit murder – unlawful hunting of rhinoceros in state reserve – s 31(3) of Limpopo Environmental Management Act 17 of 2003. 2 s 252A of Criminal Procedure Act 51 of 1977 – entrapment not going further than providing opportunity to commit the offence – evidence of trap automatically admissible – s 35 of Constitution – evidence of cell phone records not disclosed before trial admitted in evidence – belated disclosure not causing trial prejudice. Sentence – imposition of non-parole period – appellants not afforded an opportunity to address the trial court on the issue – not providing reasons for imposing non-parole period – misdirection – cumulative effect of sentence not considered – constitutes misdirection.
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Cited documents 13
Judgment 8
Legislation 4
1. | Criminal Procedure Act, 1977 | 3919 citations |
2. | Superior Courts Act, 2013 | 1698 citations |
3. | Road Accident Fund Act, 1996 | 749 citations |
4. | Firearms Control Act, 2000 | 483 citations |
Documents citing this one 2
Judgment 2
1. | August v S (962/2022) [2023] ZASCA 170 (4 December 2023) | |
2. | S v Mhlongo and Others (Trial Within a Trial : Reasons) (41/66/2019) [2022] ZAKZNRD 3 (24 January 2022) |