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Examples
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In interpreting the words “substantial and compelling circumstances” in section 51 (3) of the Act, the Constitutional Court in Dodo endorsed the step-by-step sentencing procedure set out in S v Malgas (2001).
October 2007 2007
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Malgas said the Kuyasa project attained positive scores, particularly for social sustainability and local development.
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Malgas, who was at that stage living with the Chipps family, was found guilty of shooting the policeman in the head while he slept.
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"There currently exists no agreement in the different divisions of the high court on the correct approach to minimum sentencing," lawyers for Malgas said in their heads of argument.
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Malgas was sentenced to life by the Port Elizabeth High Court in
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They tried to conceal the crime by making it appear like suicide, but Malgas later confessed.
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Malgas was convicted of murdering a policeman in July 1990.
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Malgas claimes the trial court erred in finding there were no
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Malgas was never arrested for this offence as he left the country to go to exile.
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The TRC said Malgas was not arrested because he left the country and went into exile.
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