- 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 12
Judgment 8
- Ferreira v Levin NO and Others ; Vryenhoek and Others v Powell NO and Others [1995] ZACC 13 (6 December 1995)
- Jimmale and Another v S [2016] ZACC 27 (30 August 2016)
- Kotze v S (429/2008) [2009] ZASCA 93 (15 September 2009)
- Mashinini and Another v S (502/2011) [2012] ZASCA 1 (21 February 2012)
- Mhlongo v S (140 of 2016) [2016] ZASCA 152 (3 October 2016)
- Mthimkhulu v S (547/2012) [2013] ZASCA 53 (4 April 2013)
- National Director of Public Prosecutions v King (86/2009) [2010] ZASCA 8 (8 March 2010)
- Strydom v S (20215/2014) [2015] ZASCA 29 (23 March 2015)