IN THE HIGH COURT OF SOUTH AFRICA BOPHUTHATSWANA PROVINCIAL DIVISION

Size: px
Start display at page:

Download "IN THE HIGH COURT OF SOUTH AFRICA BOPHUTHATSWANA PROVINCIAL DIVISION"

Transcription

1 CA NO. 37/2002 IN THE HIGH COURT OF SOUTH AFRICA BOPHUTHATSWANA PROVINCIAL DIVISION THE STATE vs SEBELE JOHANNES SECHELE AND ANOTHER REVIEW PAKO AJ INTRODUCTION This case came before me on automatic review. The two accused were charged with the offence of housebreaking with intent to steal and theft. They were found guilty as charged despite their plea of not guilty. Each of the accused was sentenced to eight months imprisonment. THE FACTUAL BACKGROUND On the 29 March 2002 the complainant was from work and he arrived at his house at 21h00. He found the door broken. After entering the house, he found that his 51cm Panasonic TV, 5 packets of meat, bag and R cash were missing. There were two sets of shoe prints and one set of foot prints leading from the complainant s home to accused 2's home. From accused 2's home these prints led complainant to a house where he found the two accused and two other people. Thereafter the complainant reported the matter to the police.

2 The meat was later recovered from the house where complainant initially found the two accused and two other people. The TV was found at Mr Mokoto s inlaws. Mr Mokoto bought the TV after it was brought to him by both accused. The two accused, during plea explanation, denied having entered the complainant s house. They denied stealing his goods. Accused 1 did not testify. Accused 2 testified. According to his evidence, he was with accused 1 when they found two boys in possession of this TV next to the road. Accused 2 then told these boys that he is taking this TV for himself because it was out of order. Accused 1 then went to call Mr Mokoto who came with a motor vehicle to load this TV. Accused 2 told Mr Mokoto that he is selling this TV for R They left the TV with Mr Mokoto. THE ISSUES I had some misgivings about the conviction of accused 1. I then raised, amongst others, the following queries for the response of the presiding magistrate: 3. Does the evidence support the conviction of accused 1 in view of the following: a)the shoe and foot prints led the complainant and the police to accused 2's place and not to accused 1's place. Accused 1 cannot be linked with any of those sets of prints. 4.The house where the meat was found was pointed out by accused 2. Accused 1 did not even say anything about this meat. 5.According to Mr Mokoto, the discussion regarding the sale of the TV and document pertaining to this TV was between him and accused 2, who claimed to be the owner of the TV. Accused 1 said nothing about the TV which could have linked him with the commission of the offence. 4.Does the fact that accused 1 was with accused 2 at the house where the meat was found and at the house where the TV was found prove beyond reasonable doubt that accused 1 committed the offence in question?

3 After receiving the reply from the presiding magistrate, the issue is still whether the evidence tendered at the court a quo proves the guilt of accused 1 beyond a reasonable doubt. THE LAW AND ITS APPLICATION TO THE FACTS The rule that the prosecution bears the burden of proving the guilt of the accused beyond a reasonable doubt, and that there is no onus lying upon the accused to prove his innocence has long been settled by judicial precedent. (See R v Difford 1937 AD 370; R v M 1946 AD 1023, S v Kubeka 1982 (1) SA 534 (W) and S v Munyan 1986 (4) SA 712 (V). I think it is apposite in this regard to repeat a frequently quoted passage from the judgment of Greenberg J in R v Difford (supra) at 383:... no onus rests on the accused to convince the court of the truth of any explanation which he gives. If he gives an explanation, even if that explanation is improbable, the court is not entitled to convict unless it is satisfied, not only that the explanation is improbable, but that beyond any reasonable doubt it is false. If there is any reasonable possibility of his explanation being true, then he is entitled to his acquittal. There is no direct evidence to the effect that the accused were seen entering the complainant s house and removing the goods in question. The state s case, therefore rests on circumstantial evidence which requires the court to decide on the guilt of the accused after drawing some inferences. (See R v Blom 1939 AD 288 at ). Even where the evidence is circumstantial, the prosecution still need to prove its case beyond a reasonable doubt (See R v Mthembu 1950 (1) SA 670 (AD) at and S v Shepard and Others 1967 (4) SA 170 (W) at 172 F H and 173 A D). I now turn to apply the afore going legal position to the facts of this case. The magistrate, in her reply to the query, based her conviction of accused 1 on the following findings she made: (1)That Mr Mokoto stated that two accused came to his place and that both accused told him that they are selling the TV (2)That both accused told the police where the stolen items were; (3)That both accused first took the police to a wrong place and that later they took the police to the correct place where the TV was found;

4

5

6 (4)That accused 1 did not even give evidence to gainsay what Inspector Sedumedi said regarding what accused 1 told him. I will deal with these point seriatim. Regarding the first point, it is common cause that when the TV was taken to Mr Mokoto s place the two accused were together. Under crossexamination by accused 2, Mr Mokoto said accused 2 was with accused 1 when they brought the TV to him but it was accused 2 who was talking to him. Even his evidence in chief shows that the discussion about the sale of the TV was between him and accused 2. This is a clear indication that, because the TV was brought by both the accused, Mr Mokoto concluded that both accused were selling the TV. Concerning the second point, accused 1 never told the police anything about the stolen meat. He did not even point out the house where the meat was found. The complainant s evidence is to the effect that it is accused 2 who pointed out the house where the meat was found. At the time when this house was pointed out, according to the complainant, accused 1 was not present. If accused 1 took the police to Mr Mokoto s place there is nothing sinister in that because he was present when the TV was taken to Mr Mokoto s place. This fact alone cannot justify the drawing of an inference that accused 1 also took part when the TV was stolen from the complainant s house. Regarding the third point, the true position is that accused 1 never misled the police regarding the place where the TV was. According to the evidence of Inspector Sedumedi it is accused 2 who misled him regarding the place where the TV was because accused 2 firstly said the TV was at accused 1's place. Lastly the magistrate, in convicting accused 1, relied on the fact that accused 1 did not testify to counter what Sedumedi said he told him. It is trite law that where there is evidence implicating the accused in the commission of the offence, and the accused failed to testify, his failure to testify strengthens the State s case (See S v Segale and Others 1960 (1) SA 721 (A) at 732 A B; S v Masia 1962(2) SA 541 (A) at 547 B, S v Mehlape 1963 (2) SA 29 (A) at 34 F G, and S v Mogotsi and Another 1982 (1) SA 190 (B) at 192 A B). The three state witnesses, in their evidence, did not say anything which incriminates accused 1 in the commission of the offence in question. The accused s failure to testify can only be used as a factor against him where at the end of the state s case there is evidence on which a court may convict. In other words it can only be used against the accused where the state has prima facie discharged the onus which rests on it. It cannot be used to supplement a deficiency in the state s case (See S v Masia, supra, at 546 E). I, therefore ally myself with the view that inadequate state evidence is not turned into proof beyond reasonable doubt by the accused s failure to testify. (See S v Matsiepe 1962 (4) SA 708 (A) at 716 G. As I have already pointed out, the case for the state rests on circumstantial evidence. Regarding circumstantial evidence, the accused s failure to testify is of importance if the only

7 reasonable inference to be drawn from the proved facts is one of guilt. (See S v Theron 1968 (4) SA 61 (T) at 64 B C). In the present case the inference of accused 1's guilt cannot be drawn with the requisite degree of certainty. Accused 1's position is totally different from that of accused 2 who was implicated by evidence of the state witness. Accused 2's false evidence justified the drawing of inference of guilt. (See S v Rama 1966 (2) SA 395 AD). In view of the afore going considerations, it seems to me that the magistrate should have entertained a reasonable doubt as to the guilt of accused 1. I am satisfied about the conviction and sentence of accused 2. In the result: (1) the conviction and sentence of accused 1 is set aside and the immediate release of accused 1 is hereby authorised. The Registrar is directed to secure the immediate release of accused 1; and (2) the conviction and sentence of accused 2 is confirmed. O.A PAKO ACTING JUDGE OF THE HIGH COURT I agree B.E. NKABINDE JUDGE OF THE HIGH COURT DATED: 30 MAY 2002

IN THE HIGH COURT OF SOUTH AFRICA BOPHUTHATSWANA PROVINCIAL DIVISION

IN THE HIGH COURT OF SOUTH AFRICA BOPHUTHATSWANA PROVINCIAL DIVISION CA NO.50/02 IN THE HIGH COURT OF SOUTH AFRICA BOPHUTHATSWANA PROVINCIAL DIVISION THE STATE VS MANDLA B. KHENENE REVIEW Pako AJ: The accused stood trial at the magistrate s court on two counts. Count 1

More information

FREE STATE HIGH COURT, BLOEMFONTEIN REPUBLIC OF SOUTH AFRICA

FREE STATE HIGH COURT, BLOEMFONTEIN REPUBLIC OF SOUTH AFRICA FREE STATE HIGH COURT, BLOEMFONTEIN REPUBLIC OF SOUTH AFRICA In the matter between:- THE STATE and Review No. : 160/2012 SIFISO TSHABALALA CORAM: KRUGER, J et DAFFUE, J JUDGMENT BY: DAFFUE, J DELIVERED

More information

REVIEW JUDGMENT DELIVERED : 1 NOVEMBER 2002

REVIEW JUDGMENT DELIVERED : 1 NOVEMBER 2002 Republic of South Africa REPORTABLE IN THE HIGH COURT OF SOUTH AFRICA (CAPE OF GOOD HOPE PROVINCIAL DIVISION) HIGH COURT REF No : 1907/2002 CASE No : D 122/2002 Magistrate s Series No : 171/2002 In the

More information

HIGH COURT (BISHO) JUDGMENT. 1. The appellant who was accused no. 3 in the proceedings in the court a quo,

HIGH COURT (BISHO) JUDGMENT. 1. The appellant who was accused no. 3 in the proceedings in the court a quo, HIGH COURT (BISHO) CASE No. CA & R 21/2000 DUMISANIMBEBE Appellant and THE STATE Respondent JUDGMENT EBRAHIM J: 1. The appellant who was accused no. 3 in the proceedings in the court a quo, was convicted

More information

IN THE NORTH GAUTENG HIGH COURT, PRETORIA REPUBLIC OF SOUTH AFRICA. In the matter between: THE STATE (1) REPORTABLE: YES / NO

IN THE NORTH GAUTENG HIGH COURT, PRETORIA REPUBLIC OF SOUTH AFRICA. In the matter between: THE STATE (1) REPORTABLE: YES / NO IN THE NORTH GAUTENG HIGH COURT, PRETORIA REPUBLIC OF SOUTH AFRICA REVIEW CASE NO: 447/12 In the matter between: THE STATE (1) REPORTABLE: YES / NO and (2) OF INTEREST TO OTHER JUDGES: YES/NO DAI SIGNATURE

More information

IN THE HIGH COURT OF SOUTH AFRICA (NORTH WEST DIVISION, MAHIKENG) THE STATE AMELIA NXUMALO REVIEW JUDGMENT

IN THE HIGH COURT OF SOUTH AFRICA (NORTH WEST DIVISION, MAHIKENG) THE STATE AMELIA NXUMALO REVIEW JUDGMENT IN THE HIGH COURT OF SOUTH AFRICA (NORTH WEST DIVISION, MAHIKENG) High Court Ref. No.: 2/2014 THE STATE v AMELIA NXUMALO REVIEW JUDGMENT KGOELE J [1] The accused was convicted of Theft of clothes valued

More information

REPUBLIC OF NAMIBIA IN THE HIGH COURT OF NAMIBIA. Case No: CA 68/2000. In the matter between: and ZACHARIA STEPHANUS FIRST RESPONDENT BERLINO MATROOS

REPUBLIC OF NAMIBIA IN THE HIGH COURT OF NAMIBIA. Case No: CA 68/2000. In the matter between: and ZACHARIA STEPHANUS FIRST RESPONDENT BERLINO MATROOS REPUBLIC OF NAMIBIA IN THE HIGH COURT OF NAMIBIA Case No: CA 68/2000 In the matter between: THE STATE APPELLANT and ZACHARIA STEPHANUS BERLINO MATROOS WESLEY NANUHE WILLY JOSOB FIRST RESPONDENT SECOND

More information

THE HIGH COURT OF SOUTH AFRICA (WESTERN CAPE DIVISION, CAPE TOWN)

THE HIGH COURT OF SOUTH AFRICA (WESTERN CAPE DIVISION, CAPE TOWN) THE HIGH COURT OF SOUTH AFRICA (WESTERN CAPE DIVISION, CAPE TOWN) High Court Ref No: 13858 Goodwood Case No: C1658/2012 In the matter between: STATE And RAYMOND TITUS ACCUSED Coram: BINNS-WARD & ROGERS

More information

THE REPUBLIC OF SOUTH AFRICA IN THE HIGH COURT OF SOUTH AFRICA WESTERN CAPE DIVISION, CAPE TOWN

THE REPUBLIC OF SOUTH AFRICA IN THE HIGH COURT OF SOUTH AFRICA WESTERN CAPE DIVISION, CAPE TOWN THE REPUBLIC OF SOUTH AFRICA IN THE HIGH COURT OF SOUTH AFRICA WESTERN CAPE DIVISION, CAPE TOWN [Reportable] High Court Ref. No. : 14552 Case No. : WRC 85/2009 In the matter between: ANTHONY KOK Applicant

More information

Burdens of Proof and the Doctrine of Recent Possession

Burdens of Proof and the Doctrine of Recent Possession Osgoode Hall Law Journal Volume 1, Number 2 (April 1959) Article 6 Burdens of Proof and the Doctrine of Recent Possession J. D. Morton Osgoode Hall Law School of York University Follow this and additional

More information

IN THE HIGH COURT OF SOUTH AFRICA, FREE STATE DIVISION, BLOEMFONTEIN

IN THE HIGH COURT OF SOUTH AFRICA, FREE STATE DIVISION, BLOEMFONTEIN IN THE HIGH COURT OF SOUTH AFRICA, FREE STATE DIVISION, BLOEMFONTEIN Reportable: YES/NO Of Interest to other Judges: YES/NO Circulate to Magistrates: YES/NO Review No. : 62/2017 THE STATE versus TEBOHO

More information

THE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT MARCUS NNDATENI MULAUDZI

THE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT MARCUS NNDATENI MULAUDZI THE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT Not Reportable Case No: 768/2015 In the matter between: MARCUS NNDATENI MULAUDZI APPELLANT and THE STATE RESPONDENT Neutral citation: Mulaudzi v The

More information

I N T H E H I G H C O U R T O F S O U T H A F R I C A ( C A P E O F G O O D H O P E P R O V I N C I A L D I V I S I O N )

I N T H E H I G H C O U R T O F S O U T H A F R I C A ( C A P E O F G O O D H O P E P R O V I N C I A L D I V I S I O N ) REPORTABLE I N T H E H I G H C O U R T O F S O U T H A F R I C A ( C A P E O F G O O D H O P E P R O V I N C I A L D I V I S I O N ) In the matter between: High Court Ref. No.: 061488/06 Magistrate s Serial

More information

FREE STATE HIGH COURT, BLOEMFONTEIN REPUBLIC OF SOUTH AFRICA

FREE STATE HIGH COURT, BLOEMFONTEIN REPUBLIC OF SOUTH AFRICA THE STATE versus FREE STATE HIGH COURT, BLOEMFONTEIN REPUBLIC OF SOUTH AFRICA Review No. : 336/2012 THEKISO VINCENT BOROTHO CORAM: RAMPAI, J et VAN ZYL, J JUDGMENT BY: RAMPAI, J DELIVERED ON: 20 DECEMBER

More information

IN THE KWAZULU-NATAL HIGH COURT, PIETERMARITZBURG REPUBLIC OF SOUTH AFRICA THE MINISTER OF SAFETY AND SECURITY

IN THE KWAZULU-NATAL HIGH COURT, PIETERMARITZBURG REPUBLIC OF SOUTH AFRICA THE MINISTER OF SAFETY AND SECURITY IN THE KWAZULU-NATAL HIGH COURT, PIETERMARITZBURG REPUBLIC OF SOUTH AFRICA AR238/08 THE MINISTER OF SAFETY AND SECURITY First Appellant THE MINISTER OF JUSTICE AND CONSTITUTIONAL DEVELOPMENT Second Appellant

More information

COURSE: CRIMINAL PROCEDURE A: 2016

COURSE: CRIMINAL PROCEDURE A: 2016 COURSE: CRIMINAL PROCEDURE A: 2016 OVERVIEW PURPOSE OF THE COURSE: For the student to acquire a basic knowledge of criminal procedure, especially as applied in the lower courts (magistrate s court and

More information

HH CA 143/13 X REF CRB GODFREY KONDO and FENIA AISUM versus THE STATE

HH CA 143/13 X REF CRB GODFREY KONDO and FENIA AISUM versus THE STATE 1 GODFREY KONDO and FENIA AISUM versus THE STATE HIGH COURT OF ZIMBABWE HUNGWE AND BERE JJ HARARE 31 MARCH 2015 AND 7 OCTOBER 2015 Criminal Appeal J. Samukange, for the appellant E. Makoto, for the respondent

More information

IN THE SUPREME COURT OF APPEAL OF SOUTH AFRICA In the matter of: and

IN THE SUPREME COURT OF APPEAL OF SOUTH AFRICA In the matter of: and Case No 385/97 IN THE SUPREME COURT OF APPEAL OF SOUTH AFRICA In the matter of: and THE STATE Respondant CORAM : VAN HEERDEN, HEFER et SCOTT JJA HEARD : 21 MAY 1998 DELIVERED : 27 MAY 1998 JUDGEMENT SCOTT

More information

Third District Court of Appeal State of Florida

Third District Court of Appeal State of Florida Third District Court of Appeal State of Florida Opinion filed November 29, 2017. Not final until disposition of timely filed motion for rehearing. No. 3D17-980 Lower Tribunal No. 16-1999-B C.T., a juvenile,

More information

FREE STATE HIGH COURT, BLOEMFONTEIN REPUBLIC OF SOUTH AFRICA. THE STATE and [T.] [J ] [M..] Accused 1 [M.] [R.] [M.] Accused 2

FREE STATE HIGH COURT, BLOEMFONTEIN REPUBLIC OF SOUTH AFRICA. THE STATE and [T.] [J ] [M..] Accused 1 [M.] [R.] [M.] Accused 2 SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy FREE STATE HIGH COURT, BLOEMFONTEIN REPUBLIC OF

More information

case 3:04-cr AS document 162 filed 09/01/2005 page 1 of 6

case 3:04-cr AS document 162 filed 09/01/2005 page 1 of 6 case 3:04-cr-00071-AS document 162 filed 09/01/2005 page 1 of 6 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION UNITED STATES OF AMERICA ) ) v. ) Cause No. 3:04-CR-71(AS)

More information

JOHANNES WILLEM DU TOIT ACCUSED NO 1 GIDEON JOHANNES THIART ACCUSED NO 2 MERCIA VAN DEVENTER ACCUSED NO 3

JOHANNES WILLEM DU TOIT ACCUSED NO 1 GIDEON JOHANNES THIART ACCUSED NO 2 MERCIA VAN DEVENTER ACCUSED NO 3 Reportable YES / NO Circulate to Judges YES / NO Circulate to MagistratesYES / NO IN THE HIGH COURT OF SOUTH AFRICA [NORTHERN CAPE DIVISION: DE AAR CIRCUIT] JUDGMENT CASE NUMBER: KS 8/2014 THE STATE AND

More information

IN THE HIGH COURT OF SOUTH AFRICA (TRANSVAAL PROVINCIAL DIVISION)

IN THE HIGH COURT OF SOUTH AFRICA (TRANSVAAL PROVINCIAL DIVISION) IN THE HIGH COURT OF SOUTH AFRICA (TRANSVAAL PROVINCIAL DIVISION) UNREPORTABLE CASE NO: A221/06 DATE: 21/05/2007 THE STATE APPELLANT V OSCAR NZIMANDE RESPONDENT JUDGMENT R D CLAASSEN J: 1 This is an appeal

More information

United States Court of Appeals

United States Court of Appeals In the United States Court of Appeals For the Seventh Circuit No. 09-2956 UNITED STATES OF AMERICA, v. Plaintiff-Appellant, WILLIAM DINGA, Defendant-Appellee. Appeal from the United States District Court

More information

Supplement No. 3 published with Gazette No. 12 dated 4 th June, 2018.

Supplement No. 3 published with Gazette No. 12 dated 4 th June, 2018. CAYMAN ISLANDS Supplement No. 3 published with Gazette No. 12 dated 4 th June, 2018. A BILL FOR A LAW TO AMEND THE CRIMINAL PROCEDURE CODE (2017 REVISION) TO PROVIDE FOR CONSISTENCY BETWEEN THE PROCEDURES

More information

REPUBLIC OF NAMIBIA HIGH COURT OF NAMIBIA MAIN DIVISION, WINDHOEK

REPUBLIC OF NAMIBIA HIGH COURT OF NAMIBIA MAIN DIVISION, WINDHOEK REPUBLIC OF NAMIBIA HIGH COURT OF NAMIBIA MAIN DIVISION, WINDHOEK In the matter between: JUDGMENT Case no: CR 47/2013 THE STATE and RUBEN GANEB ACCUSED (HIGH COURT MAIN DIVISION REVIEW REF NO.: 341/2013)

More information

This Bill would amend the Magistrate s Courts Act, Cap. 116A to (a)

This Bill would amend the Magistrate s Courts Act, Cap. 116A to (a) Explanatory Memorandum After Page 26 2016-03-16 OBJECTS AND REASONS This Bill would amend the Magistrate s Courts Act, Cap. 116A to make better provision for committal proceedings under the Act by requiring

More information

In the High Court of South Africa (Eastern Cape Division) Case No CA 344/2002

In the High Court of South Africa (Eastern Cape Division) Case No CA 344/2002 In the High Court of South Africa (Eastern Cape Division) Case No CA 344/2002 In the matter between FUSILE QOKO Applicant and 1. WA LA GRANGE NO First Respondent 2. THE DIRECTOR OF PUBLIC PROSECUTIONS,

More information

MULTI CHOICE QUESTIONS EVI301-A

MULTI CHOICE QUESTIONS EVI301-A MULTI CHOICE QUESTIONS EVI301-A 2010 Second Semester Assignment 1 Question 1 If the current South African law does not provide a solution to an evidentiary problem, our courts will first of all search

More information

ACTS OF SRI LANKA. Debt Recovery (Special Provision) (Amendment) Act No 9 of 1994

ACTS OF SRI LANKA. Debt Recovery (Special Provision) (Amendment) Act No 9 of 1994 ACTS OF SRI LANKA Debt Recovery (Special Provision) (Amendment) Act No 9 of 1994 AN ACT TO AMEND THE DEBT REVOVERY (SPECIAL PROVISIONS) ACT, NO. 2 of 1990 BE it enacted by the Parliament of the Democratic

More information

IN THE HIGH COURT OF SOUTH AFRICA (BOPHUTHATSWANA PROVINCIAL DIVISION)

IN THE HIGH COURT OF SOUTH AFRICA (BOPHUTHATSWANA PROVINCIAL DIVISION) CA. 120/05 IN THE HIGH COURT OF SOUTH AFRICA (BOPHUTHATSWANA PROVINCIAL DIVISION) In the matter between: THE STATE and OTILENG JOHN TONG REVIEW JUDGMENT ZWIEGELAAR AJ: [1] The Accused was charged with

More information

HIGH COURT (BISHO) JUDGMENT. This is an appeal against the refusal of the regional magistrate, who

HIGH COURT (BISHO) JUDGMENT. This is an appeal against the refusal of the regional magistrate, who HIGH COURT (BISHO) CASE NO. 329/99 In the matter between AYANDA RUNGQU 1 s t Appellant LUNGISA KULATI 2 nd Appellant and THE STATE Respondent JUDGMENT EBRAHIM J: This is an appeal against the refusal of

More information

RULING OF THE COURT. The appellant, John s/o Ayoub was charged in the District. Court of Tunduru in Ruvuma Region with two economic offences;

RULING OF THE COURT. The appellant, John s/o Ayoub was charged in the District. Court of Tunduru in Ruvuma Region with two economic offences; IN THE COURT OF APPEAL OF TANZANIA AT IRINGA (CORAM: MBAROUK, J.A., MMILLA,J.A., And MWARIJA,J.A.) CRIMINAL APPEAL NO. 196 OF 2014 JOHN IKLAND @ AYOUB APPELLANT VERSUS THE REPUBLIC. RESPONDENT (Appeal

More information

Legal Supplement Part A to the Trinidad and Tobago Gazette, Vol. 56, No. 106, 5th October, 2017

Legal Supplement Part A to the Trinidad and Tobago Gazette, Vol. 56, No. 106, 5th October, 2017 Legal Supplement Part A to the Trinidad and Tobago Gazette, Vol. 56, No. 106, 5th October, 2017 Second Session Eleventh Parliament Republic of Trinidad and Tobago REPUBLIC OF TRINIDAD AND TOBAGO Act No.

More information

IN THE HIGH COURT OF SOUTH AFRICA (EASTERN CAPE GRAHAMSTOWN) CASE NO. 06/10 DATES HEARD: 24 25/2/10 DATE DELIVERED: 3/3/10 NOT REPORTABLE

IN THE HIGH COURT OF SOUTH AFRICA (EASTERN CAPE GRAHAMSTOWN) CASE NO. 06/10 DATES HEARD: 24 25/2/10 DATE DELIVERED: 3/3/10 NOT REPORTABLE 1 IN THE HIGH COURT OF SOUTH AFRICA (EASTERN CAPE GRAHAMSTOWN) CASE NO. 06/10 DATES HEARD: 24 25/2/10 DATE DELIVERED: 3/3/10 NOT REPORTABLE In the matter between: THE STATE and MLUNGISI MICHAEL MDINISO

More information

The plaintiff filed a suit against the ATIORNEY GENERALand

The plaintiff filed a suit against the ATIORNEY GENERALand AT DAR ES SALAAM 1. ATTORNEY GENERAL 2. INSPECTOR GENERAL OF POLICE.. DEFENDANTS Date of last order - 15/5/2007 Date of Judgement- 4/7/2007 JUDGMENT The plaintiff filed a suit against the ATIORNEY GENERALand

More information

CONSTITUTIONAL COURT OF SOUTH AFRICA. Applicant

CONSTITUTIONAL COURT OF SOUTH AFRICA. Applicant CONSTITUTIONAL COURT OF SOUTH AFRICA In the matter between: Case CCT 122/17, 220/17 and 298/17 CCT 122/17 M T Applicant and THE STATE Respondent CCT 220/17 In the matter between: A S B Applicant and THE

More information

APPEARANCES. At an arbitration on March 6, 1985 in the conference room of the First National

APPEARANCES. At an arbitration on March 6, 1985 in the conference room of the First National b IN THE MATTER OF ARBITRATION BETWEEN REGULAR ARBITRATION Q Of'f # 1 * THE UNITED STATES POSTAL SERVICE * Re : Billy Stephen Lancaster "Employer" * Emergency Suspension and the * S1N-3F-D-42521 NATIONAL

More information

IN THE KWAZULU NATAL HIGH COURT, PIETERMARITZBURG REPUBLIC OF SOUTH AFRICA APPEAL NO. AR 140/2006 In the matter between: MQONDENI MBONGENI NGEMA

IN THE KWAZULU NATAL HIGH COURT, PIETERMARITZBURG REPUBLIC OF SOUTH AFRICA APPEAL NO. AR 140/2006 In the matter between: MQONDENI MBONGENI NGEMA 1 IN THE KWAZULU NATAL HIGH COURT, PIETERMARITZBURG REPUBLIC OF SOUTH AFRICA APPEAL NO. AR 140/2006 In the matter between: MQONDENI MBONGENI NGEMA Appellant and THE STATE Respondent JUDGMENT GORVEN J [1]The

More information

JUDGMENT DELIVERED 24 NOVEMBER 2017

JUDGMENT DELIVERED 24 NOVEMBER 2017 IN THE HIGH COURT OF SOUTH AFRICA (WESTERN CAPE DIVISION, CAPE TOWN) REPORTABLE Case Numbers: 16996/2017 In the matter between: NEVILLE COOPER Applicant and MAGISTRATE MHLANGA Respondent JUDGMENT DELIVERED

More information

THE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT DIRECTOR OF PUBLIC PROSECUTIONS GAUTENG DIVISION, PRETORIA CORNELIUS JOHANNES HEUNIS

THE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT DIRECTOR OF PUBLIC PROSECUTIONS GAUTENG DIVISION, PRETORIA CORNELIUS JOHANNES HEUNIS THE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT In the matter between: DIRECTOR OF PUBLIC PROSECUTIONS GAUTENG DIVISION, PRETORIA Reportable Case No: 196/2017 APPELLANT and CORNELIUS JOHANNES HEUNIS

More information

THE HIGH COURT OF KARNATAKA (CONTEMPT OF COURT PROCEEDINGS) RULES, 1981

THE HIGH COURT OF KARNATAKA (CONTEMPT OF COURT PROCEEDINGS) RULES, 1981 81 THE HIGH COURT OF KARNATAKA (CONTEMPT OF COURT PROCEEDINGS) RULES, 1981 82 THE HIGH COURT OF KARNATAKA (CONTEMPT OF COURT PROCEEDINGS) RULES, 1981 Rules Contents Page No. 1. Title 83 2. Definition 83

More information

JUDGEMENT. [1] This is an appeal against a decision by the Magistrate for the district

JUDGEMENT. [1] This is an appeal against a decision by the Magistrate for the district SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy Not Reportable IN THE HIGH COURT OF SOUTH AFRICA

More information

THE INTERNATIONAL CRIMES (TRIBUNALS) ACT, 1973

THE INTERNATIONAL CRIMES (TRIBUNALS) ACT, 1973 THE INTERNATIONAL CRIMES (TRIBUNALS) ACT, 1973 (ACT NO. XIX OF 1973). [20th July, 1973] An Act to provide for the detention, prosecution and punishment of persons for genocide, crimes against humanity,

More information

Fingerprint database: Strengthening the fight against crime or Constitutional right infringement?

Fingerprint database: Strengthening the fight against crime or Constitutional right infringement? Fingerprint database: Strengthening the fight against crime or Constitutional right infringement? Submitted in partial fulfilment of the requirement for the degree LLM Master of Laws by Bradford Gil Dias

More information

THE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT

THE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT THE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT Not Reportable Case No: 347/2015 In the matter between: MZWANELE LUBANDO APPELLANT and THE STATE RESPONDENT Neutral citation: Lubando v The State (347/2015)

More information

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA HAMMOND DIVISION

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA HAMMOND DIVISION USDC IN/ND case 2:17-cr-00153-JVB-APR document 7 filed 11/17/17 page 1 of 7 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA HAMMOND DIVISION UNITED STATES OF AMERICA ) ) V ) ) Cause No. 2:17

More information

THE PROSECUTOR GENERAL OF ZIMBABWE versus SAMSON SHUMBAYARERWA and THE MAGISTRATE, HARARE (TSIKWA N.O)

THE PROSECUTOR GENERAL OF ZIMBABWE versus SAMSON SHUMBAYARERWA and THE MAGISTRATE, HARARE (TSIKWA N.O) THE PROSECUTOR GENERAL OF ZIMBABWE versus SAMSON SHUMBAYARERWA and THE MAGISTRATE, HARARE (TSIKWA N.O) 1 HIGH COURT OF ZIMBABWE HUNGWE & MANGOTA JJ HARARE, 9 & 23 October 2014 Criminal Appeal T Madzingira,

More information

(EASTERN CAPE LOCAL DIVISION, PORT ELIZABETH)

(EASTERN CAPE LOCAL DIVISION, PORT ELIZABETH) SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy IN THE HIGH COURT OF SOUTH AFRICA (EASTERN CAPE

More information

REVIEW JUDGMENT DELIVERED : 29 AUGUST 2003

REVIEW JUDGMENT DELIVERED : 29 AUGUST 2003 Republic of South Africa REPORTABLE IN THE HIGH COURT OF SOUTH AFRICA (CAPE OF GOOD HOPE PROVINCIAL DIVISION) HIGH COURT REF NO: 1144/2003 CASE No: D997/2002 MAGISTRATE S SERIAL No: 105/2003 In the matter

More information

IN THE HIGH COURT OF SWAZILAND

IN THE HIGH COURT OF SWAZILAND IN THE HIGH COURT OF SWAZILAND HELD AT MBABANE In the matter between: THE KING VERSUS THABO SIBEKO Date of hearing: 19 February, 2009 Date of Judgment: 3 March, 2009 Mr. Attorney Thabiso Masina for the

More information

IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PENNSYLVANIA OPINION AND ORDER

IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PENNSYLVANIA OPINION AND ORDER IN THE COURT OF COMMON PLEAS OF LYCOMING COUNTY, PENNSYLVANIA COMMONWEALTH : No. CR-1437-2017 : vs. : : Restitution MILLARD BEATTY, III, : Defendant : OPINION AND ORDER By Information filed on September

More information

IN THE SUPREME COURT OF FLORIDA CASE NO.: SC04-21 LOWER CASE NO.: 2D REPLY BRIEF OF PETITIONER S BRIEF ON THE MERITS

IN THE SUPREME COURT OF FLORIDA CASE NO.: SC04-21 LOWER CASE NO.: 2D REPLY BRIEF OF PETITIONER S BRIEF ON THE MERITS IN THE SUPREME COURT OF FLORIDA RAYMOND BAUGH, Petitioner, vs. STATE OF FLORIDA, Respondent. / CASE NO.: SC04-21 LOWER CASE NO.: 2D02-2758 REPLY BRIEF OF PETITIONER S BRIEF ON THE MERITS On Discretionary

More information

IN THE SOUTH GAUTENG HIGH COURT JOHANNESBURG

IN THE SOUTH GAUTENG HIGH COURT JOHANNESBURG IN THE SOUTH GAUTENG HIGH COURT JOHANNESBURG REPORTABLE REVIEW CASE: HIGH COURT REF NO: 186/2011 MAGISTRATE S SERIAL NO: 27/2011 JOHANNESBURG CASE NO: 69/6076/2010 In the matter between: THE STATE and

More information

RIKA MADELYN VILLET Accused REVIEW JUDGMENT. [1] This is a review in the ordinary course. The learned magistrate was, in

RIKA MADELYN VILLET Accused REVIEW JUDGMENT. [1] This is a review in the ordinary course. The learned magistrate was, in SOUTH GAUTENG HIGH COURT, JOHANNSESBURG High Court Ref. No. 109/2009 Magistrate s Ref. No. 09/2009 Review Case No. DH 712/2009 THE STATE versus RIKA MADELYN VILLET Accused REVIEW JUDGMENT MEYER, J. [1]

More information

CHAPTER 368 THE EXTRADITION ACT [PRINCIPAL LEGISLATION] ARRANGEMENT OF SECTIONS PART I PRELIMINARY PROVISIONS

CHAPTER 368 THE EXTRADITION ACT [PRINCIPAL LEGISLATION] ARRANGEMENT OF SECTIONS PART I PRELIMINARY PROVISIONS CHAPTER 368 THE EXTRADITION ACT [PRINCIPAL LEGISLATION] ARRANGEMENT OF SECTIONS Section Title 1. Short title and application. 2. Interpretation. PART I PRELIMINARY PROVISIONS PART II THE SURRENDER OF FUGITIVE

More information

IN THE HIGH COURT OF SOUTH AFRICA (BOPHUTHATSWANA PROVINCIAL DIVISION) REVIEW JUDGMENT

IN THE HIGH COURT OF SOUTH AFRICA (BOPHUTHATSWANA PROVINCIAL DIVISION) REVIEW JUDGMENT IN THE HIGH COURT OF SOUTH AFRICA (BOPHUTHATSWANA PROVINCIAL DIVISION) CA125/05 In the matter between: THE STATE and MOSIMANEGAPE PHADI REVIEW JUDGMENT ZWIEGELAAR AJ: [1] The Accused, who conducted his

More information

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BUTTE DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BUTTE DIVISION Case 2:10-cr-00027-DWM Document 5 Filed 12/29/10 Page 1 of 5 PAULETTE L. STEWART Assistant U.S. Attorney U.S. Attorney s Office 901 Front Street, Suite 1100 Helena, MT 59626 Phone: (406) 457-5120 FAX:

More information

STATE OF OHIO JEFFREY SIMS

STATE OF OHIO JEFFREY SIMS [Cite as State v. Sims, 2009-Ohio-2132.] Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA JOURNAL ENTRY AND OPINION No. 91397 STATE OF OHIO PLAINTIFF-APPELLEE vs. JEFFREY SIMS DEFENDANT-APPELLANT

More information

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.REV.P. 48/2015 Date of decision:

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.REV.P. 48/2015 Date of decision: $~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.REV.P. 48/2015 SHIV KUMAR & ANR. Through: Date of decision: 03.12.2015... Petitioners Mr.Vikas Padora and Mr.Vaibhav Aggarwal, Advocates. STATE versus

More information

IN THE CIRCUIT COURT OF CLAY COUNTY, MISSOURI AT LIBERTY. STATE OF MISSOURI ) ) Plaintiff ) ) VS ) Case No. ) ) Defendant )

IN THE CIRCUIT COURT OF CLAY COUNTY, MISSOURI AT LIBERTY. STATE OF MISSOURI ) ) Plaintiff ) ) VS ) Case No. ) ) Defendant ) IN THE CIRCUIT COURT OF CLAY COUNTY, MISSOURI AT LIBERTY STATE OF MISSOURI ) ) Plaintiff ) ) VS ) Case No. ) ) Defendant ) PETITION TO ENTER PLEA OF GUILTY The defendant represents to the Court: 1. My

More information

Legal Supplement Part A to the Trinidad and Tobago Gazette, Vol. 44, No. 167, 16th September, 2005

Legal Supplement Part A to the Trinidad and Tobago Gazette, Vol. 44, No. 167, 16th September, 2005 Legal Supplement Part A to the Trinidad and Tobago Gazette, Vol. 44, No. 167, 16th September, 2005 Third Session Eighth Parliament Republic of Trinidad and Tobago REPUBLIC OF TRINIDAD AND TOBAGO Act No.

More information

LIST OFFENSE(S), CASE NUMBER(S) AND DATE(S)

LIST OFFENSE(S), CASE NUMBER(S) AND DATE(S) ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): SUPCR 1109 FOR COURT USE ONLY TELEPHONE NO: E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): FAX NO. (Optional) SUPERIOR COURT OF

More information

IN THE HIGH COURT OF TANZANIA (DAR ES SALAAM DISTRICT REGISTRY) JUDGMENT

IN THE HIGH COURT OF TANZANIA (DAR ES SALAAM DISTRICT REGISTRY) JUDGMENT IN THE HIGH COURT OF TANZANIA (DAR ES SALAAM DISTRICT REGISTRY) JUDGMENT the demolition Notice cis 12(2) and 64 of the township Rules Cap. 101. district and Dar es Salaam Region, erecting a Dwelling house

More information

IN THE HIGH COURT OF SOUTH AFRICA (Northern Cape Division, Kimberley)

IN THE HIGH COURT OF SOUTH AFRICA (Northern Cape Division, Kimberley) Reportable: Circulate to Judges: Circulate to Regional Magistrates: Circulate to Magistrates: YES / NO YES / NO YES / NO YES / NO IN THE HIGH COURT OF SOUTH AFRICA (Northern Cape Division, Kimberley) Saakno

More information

IN THE HIGH COURT OF SOUTH AFRICA (WESTERN CAPE DIVISION, CAPE TOWN) [REPORTABLE] Case No: A59/15 JUDGMENT: 22 MARCH 2016

IN THE HIGH COURT OF SOUTH AFRICA (WESTERN CAPE DIVISION, CAPE TOWN) [REPORTABLE] Case No: A59/15 JUDGMENT: 22 MARCH 2016 In the matter between: IN THE HIGH COURT OF SOUTH AFRICA (WESTERN CAPE DIVISION, CAPE TOWN) [REPORTABLE] Case No: A59/15 MOSES SILO Appellant vs THE STATE Respondent JUDGMENT: 22 MARCH 2016 HENNEY J Introduction

More information

THE INTERNATIONAL CRIMES (TRIBUNALS) ACT, 1973

THE INTERNATIONAL CRIMES (TRIBUNALS) ACT, 1973 THE INTERNATIONAL CRIMES (TRIBUNALS) ACT, 1973 (ACT NO. XIX OF 1973). [20th July, 1973] An Act to provide for the detention, prosecution and punishment of persons for genocide, crimes against humanity,

More information

IN THE HIGH COURT OF SOUTH AFRICA (WESTERN CAPE DIVISION, CAPE TOWN)

IN THE HIGH COURT OF SOUTH AFRICA (WESTERN CAPE DIVISION, CAPE TOWN) 1 IN THE HIGH COURT OF SOUTH AFRICA (WESTERN CAPE DIVISION, CAPE TOWN) REVIEW 171298 In the matter between THE STATE V MAXWELL GORDON JUDGMENT DELIVERED ON 29 AUGUST 2018 THULARE AJ [1] This matter came

More information

IN THE HIGH COURT OF SOUTH AFRICA EASTERN CAPE HIGH COURT : MTHATHA CASE NO. 1299/06. In the matter between: and THE MINSTER OF SAFETY JUDGMENT

IN THE HIGH COURT OF SOUTH AFRICA EASTERN CAPE HIGH COURT : MTHATHA CASE NO. 1299/06. In the matter between: and THE MINSTER OF SAFETY JUDGMENT IN THE HIGH COURT OF SOUTH AFRICA EASTERN CAPE HIGH COURT : MTHATHA CASE NO. 1299/06 In the matter between: THANDILE FUNDA Plaintiff and THE MINSTER OF SAFETY AND SECURITY Defendant JUDGMENT MILLER, J.:

More information

IN THE HIGH COURT OF SOUTH AFRICA (EASTERN CAPE LOCAL DIVISION: MTHATHA) CASE NO:966/2015. In the matter between: GCINIBANDLA NELSON GABAYI AND

IN THE HIGH COURT OF SOUTH AFRICA (EASTERN CAPE LOCAL DIVISION: MTHATHA) CASE NO:966/2015. In the matter between: GCINIBANDLA NELSON GABAYI AND IN THE HIGH COURT OF SOUTH AFRICA (EASTERN CAPE LOCAL DIVISION: MTHATHA) CASE NO:966/2015 In the matter between: GCINIBANDLA NELSON GABAYI AND ANOTHER PLAINTIFFS AND MINISTER OF POLICE AND ANOTHER DEFENDANTS

More information

Third District Court of Appeal State of Florida

Third District Court of Appeal State of Florida Third District Court of Appeal State of Florida Opinion filed January 24, 2018. Not final until disposition of timely filed motion for rehearing. No. 3D16-2872 Lower Tribunal No. 15-24725 Carl Leggett,

More information

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ORANGE ) ) ) ) ) ) ) ) ) ) ) ) ) )

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ORANGE ) ) ) ) ) ) ) ) ) ) ) ) ) ) Back to previous page: http://legalrequest.net/0/0/0/draft-pleadings-criminal-or-civil/ Law Offices Attny, SBN # Street City, CA 0000 Telephone: (- Fax: (- Attorney for Defendant, XXX Est. Time 0 0 SUPERIOR

More information

2) Smuggling as defined in section 182 (1) of the Customs and Excise Act [Chapter 23:02]

2) Smuggling as defined in section 182 (1) of the Customs and Excise Act [Chapter 23:02] 1 THE STATE versus FISHER MATURA HIGH COURT OF ZIMBABWE MOYO J BULAWAYO 10 OCTOBER 2016 AND 9 MAY 2017 Criminal Trial W Mabhaudhi for the state A Rubaya for the accused MOYO J: The accused in this matter

More information

GOVERNMENT GAZETTE STAATSKOERANT

GOVERNMENT GAZETTE STAATSKOERANT I GOVERNMENT GAZETTE STAATSKOERANT VAN DIE REPUBLIEK VAN SUID-AFRIKA CAPE TOWN. -1 SEPT[{MBER 1998 vol. 399 No. 19212 KAAPSTAD. 4 SEPTE\l BER 1998 OFFICE OF THE PRESIDENT KANTOOR VAN DIE PRESIDENT N().

More information

IN THE KWAZULU-NATAL HIGH COURT, PIETERMARITZBURG J U D G M E N T

IN THE KWAZULU-NATAL HIGH COURT, PIETERMARITZBURG J U D G M E N T REPORTABLE IN THE KWAZULU-NATAL HIGH COURT, PIETERMARITZBURG REPUBLIC OF SOUTH AFRICA Case No. 8774/09 In the matter between: THULANI SIFISO MAZIBUKO AMBROSE SIMPHIWE CEBEKHULU FIRST APPELLANT SECOND APPELLANT

More information

FORM A FILING SHEET FOR EASTERN CAPE JUDGMENT

FORM A FILING SHEET FOR EASTERN CAPE JUDGMENT FORM A FILING SHEET FOR EASTERN CAPE JUDGMENT ECJ no: 138 PARTIES: RASHAAD SOOMAR APPLICANT and THE HONOURABLE MR JUSTICE KROON THE DIRECTOR OF PUBLIC PROSECUTIONS MR ALWYN GRIEBENOW FIRST RESPONDENT SECOND

More information

IN THE HIGH COURT OF KWAZULU NATAL, PIETERMARITZBURG REPUBLIC OF SOUTH AFRICA

IN THE HIGH COURT OF KWAZULU NATAL, PIETERMARITZBURG REPUBLIC OF SOUTH AFRICA IN THE HIGH COURT OF KWAZULU NATAL, PIETERMARITZBURG REPUBLIC OF SOUTH AFRICA CASE NO. DR345/11 In the matter between: THE STATE and MONGEZI DUMA SPECIAL REVIEW JUDGMENT Delivered on 16/8/2011 NDLOVU J

More information

IN THE HIGH COURT OF SOUTH AFRICA (EASTERN CAPE LOCAL DIVISION, PORT ELIZABETH) CASE NO.: 2589/2012 In the matter between: MLINDELI DAVID SEPTEMBER

IN THE HIGH COURT OF SOUTH AFRICA (EASTERN CAPE LOCAL DIVISION, PORT ELIZABETH) CASE NO.: 2589/2012 In the matter between: MLINDELI DAVID SEPTEMBER SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy IN THE HIGH COURT OF SOUTH AFRICA (EASTERN CAPE

More information

THE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT

THE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT THE SUPREME COURT OF APPEAL OF SOUTH AFRICA In the matter between: JUDGMENT Case No: 220/2015 Not reportable GINO LUIGI SELLI APPELLANT And THE STATE RESPONDENT Neutral citation: Selli v The State (220/15)

More information

SUPREME COURT OF JUDICATURE OF JAMAICA PRACTICE DIRECTION (CRIMINAL)

SUPREME COURT OF JUDICATURE OF JAMAICA PRACTICE DIRECTION (CRIMINAL) PD No. 2 of 2016 SUPREME COURT OF JUDICATURE OF JAMAICA PRACTICE DIRECTION (CRIMINAL) ADVANCE SENTENCE INDICATIONS This Practice Direction is issued after consultation with the Judges of the Supreme Court.

More information

SIMPHIWE MABHUTI SONTSHANTSHA JUDGMENT

SIMPHIWE MABHUTI SONTSHANTSHA JUDGMENT IN THE HIGH COURT OF SOUTH AFRICA EASTERN CAPE: MTHATHA In the matter between CASE NO:121/08 THE STATE and SIMPHIWE MABHUTI SONTSHANTSHA Accused JUDGMENT PAKADE J: Background [1] The accused is charged

More information

FORM A FILING SHEET FOR HIGH COURT - BISHO JUDGMENT

FORM A FILING SHEET FOR HIGH COURT - BISHO JUDGMENT FORM A FILING SHEET FOR HIGH COURT - BISHO JUDGMENT PARTIES: THE STATE and LANDELA JONAS Case Number: CA&R 21/08 High Court: Bisho DATE HEARD: -- DATE DELIVERED: 8 September 2008 JUDGE(S): EBRAHIM J LEGAL

More information

BUSINESS NAMES ACT. Act No. 11,1962.

BUSINESS NAMES ACT. Act No. 11,1962. BUSINESS NAMES ACT. Act No. 11,1962. An Act to make provision with respect to the registration and use of business names; to repeal the Business Names Act, 1934, and certain other enactments; and for purposes

More information

IN THE HIGH COURT OF SOUTH AFRICA Eastern Cape High Court: Mthatha CASE NO. 2268/09 Reportable In the matter between: JUDGMENT

IN THE HIGH COURT OF SOUTH AFRICA Eastern Cape High Court: Mthatha CASE NO. 2268/09 Reportable In the matter between: JUDGMENT IN THE HIGH COURT OF SOUTH AFRICA Eastern Cape High Court: Mthatha CASE NO. 2268/09 Reportable In the matter between: MGCINENI GUGA Applicant And MINISTER OF SAFETY & SECURITY THE STATION COMMISIONER MTHATHA

More information

The Criminal Court System. Law 521 Chapter Seven

The Criminal Court System. Law 521 Chapter Seven The Criminal Court System Law 521 Chapter Seven The Feds make criminal law and procedure. Criminal Court Structure Provinces responsible for organizing, administering, and maintaining the criminal court

More information

Magistrate Piet Retief

Magistrate Piet Retief IN THE HIGH COURT OF SOUTH AFRICA (TRANSVAAL PROVINCIAL DIVISION) Magistrate Piet Retief Case No: 286/08 High Court Ref No: 836 THE STATE vs HILARIO EUSEBIO UATE REVIEW JUDGEMENT MURPHY J 1. The accused

More information

LISTING PROCEDURE FOR SUMMARY CRIMINAL TRIALS

LISTING PROCEDURE FOR SUMMARY CRIMINAL TRIALS Local Court of New South Wales PRACTICE NOTE NO. 7 of 2007 ISSUED: 9 November 2007 LISTING PROCEDURE F SUMMARY CRIMINAL TRIALS This Practice Note applies where a plea of not guilty is entered in respect

More information

MINISTER OF SAFETY AND SECURITY JUDGMENT

MINISTER OF SAFETY AND SECURITY JUDGMENT 1 IN THE HIGH COURT OF SOUTH AFRICA EASTERN CAPE LOCAL DIVISION MTHATHA Case No. 2074/11 Date heard: 25/2/15 Date delivered: 27/2/15 Not reportable In the matter between: VUYISA SOFIKA Plaintiff and MINISTER

More information

COURT OF APPEALS OF VIRGINIA

COURT OF APPEALS OF VIRGINIA COURT OF APPEALS OF VIRGINIA Present: Chief Judge Felton, Judges Frank and Kelsey Argued at Salem, Virginia TONY L. JONES, A/K/A LOCO, S/K/A TONY LAMONT JONES MEMORANDUM OPINION * BY v. Record No. 1434-06-3

More information

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 308 OF Venkatesan.Appellant. Versus J U D G M E N T

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 308 OF Venkatesan.Appellant. Versus J U D G M E N T REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 308 OF 2001 Venkatesan.Appellant Versus State of Tamil Nadu.Respondent J U D G M E N T Dr. ARIJIT PASAYAT, J.

More information

Draft Statute for an International Criminal Court 1994

Draft Statute for an International Criminal Court 1994 Draft Statute for an International Criminal Court 1994 Text adopted by the Commission at its forty-sixth session, in 1994, and submitted to the General Assembly as a part of the Commission s report covering

More information

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE FEBRUARY 1999 SESSION

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE FEBRUARY 1999 SESSION IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT KNOXVILLE FILED June 4, 1999 FEBRUARY 1999 SESSION Cecil Crowson, Jr. Appellate Court Clerk GARY WAYNE LOWE, ) ) C.C.A. No. 03C01-9806-CR-00222 Appellant,

More information

THE STATE OF NEW HAMPSHIRE SUPREME COURT

THE STATE OF NEW HAMPSHIRE SUPREME COURT THE STATE OF NEW HAMPSHIRE SUPREME COURT In Case No. 2013-0169, State of New Hampshire v. James Rand, the court on August 13, 2014, issued the following order: The defendant, James Rand, appeals his convictions

More information

IN THE NORTH WEST HIGH COURT MAHIKENG

IN THE NORTH WEST HIGH COURT MAHIKENG IN THE NORTH WEST HIGH COURT MAHIKENG CASE NO.: 1762/13 In the matter between: SHARON BOSHOFF Plaintiff AND MINISTER OF SAFETY AND SECURITY Defendant CIVIL MATTER DATE OF HEARING : 23 NOVEMBER 2016 DATE

More information

EASTERN CAPE DIVISION, GRAHAMSTOWN REVIEW NO

EASTERN CAPE DIVISION, GRAHAMSTOWN REVIEW NO IN THE HIGH COURT OF SOUTH AFRICA EASTERN CAPE DIVISION, GRAHAMSTOWN REVIEW NO. 20170040 Delivered: 9 May 2017 In the matter between: THE STATE and ANDA NKALA Accused REVIEW JUDGMENT Bloem J. [1] The accused

More information

THERON ANTHONY FINNEY OPINION BY v. Record No JUSTICE LAWRENCE L. KOONTZ, JR. January 16, 2009 COMMONWEALTH OF VIRGINIA

THERON ANTHONY FINNEY OPINION BY v. Record No JUSTICE LAWRENCE L. KOONTZ, JR. January 16, 2009 COMMONWEALTH OF VIRGINIA Present: All the Justices THERON ANTHONY FINNEY OPINION BY v. Record No. 080440 JUSTICE LAWRENCE L. KOONTZ, JR. January 16, 2009 COMMONWEALTH OF VIRGINIA FROM THE COURT OF APPEALS OF VIRGINIA Theron Anthony

More information

IN THE LABOUR COURT OF SOUTH AFRICA. (Held at Johannesburg) Case No: J768/98. In the matter between: FREE STATE CONSOLIDATED GOLD MINE. Applicant.

IN THE LABOUR COURT OF SOUTH AFRICA. (Held at Johannesburg) Case No: J768/98. In the matter between: FREE STATE CONSOLIDATED GOLD MINE. Applicant. IN THE LABOUR COURT OF SOUTH AFRICA (Held at Johannesburg) Case No: J768/98 In the matter between: FREE STATE CONSOLIDATED GOLD MINE Applicant and B M JAMMY First Respondent NATIONAL UNION OF MINEWORKERS

More information

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Honorable Marcia S. Krieger

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Honorable Marcia S. Krieger Case No. 999-cv-99999-MSK-XXX JANE ROE, IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Honorable Marcia S. Krieger v. Plaintiff, SMITH CORP., and JACK SMITH, Defendants. SAMPLE SUMMARY

More information

CRIMINAL LAW PROFESSIONAL STANDARD #2

CRIMINAL LAW PROFESSIONAL STANDARD #2 CRIMINAL LAW PROFESSIONAL STANDARD #2 NAME OF STANDARD A GUILTY PLEA Brief Description of Standard: A standard on the steps to be taken by counsel before entering a guilty plea on behalf of a client. Committee

More information

IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH BEFORE THE HON BLE MRS. JUSTICE RATHNAKALA. CRIMINAL PETITION No /2012

IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH BEFORE THE HON BLE MRS. JUSTICE RATHNAKALA. CRIMINAL PETITION No /2012 1 BETWEEN IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 20 TH DAY OF MARCH, 2015 BEFORE THE HON BLE MRS. JUSTICE RATHNAKALA CRIMINAL PETITION No. 11291/2012 B P KRISHNEGOWDA, S/O.LATE PUTTASWAMYGOWDA,

More information