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Director of Public Prosecutions: Gauteng Division, Pretoria v Moabi (959/2015) [2017] ZASCA 85

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Director of Public Prosecutions: Gauteng Division, Pretoria v Moabi (959/2015) [2017] ZASCA 85

2nd June 2017

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Appeal in terms of s 311 of the Criminal Procedure Act 51 of 1977: s 311 provides for an appeal as of right, without leave: question of law upheld: ‘intent to do grievous bodily harm’ not an element in a rape contemplated in Part I(c) of the Criminal Law Amendment Act 105 of 1997: conviction and sentence imposed by the regional court reinstated and matter remitted to the high court for appeal to proceed on sentence.

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