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dc.date.accessioned 2017-04-08T17:13:30Z
dc.date.available 2017-04-08T17:13:30Z
dc.date.created 2010-09-17 en
dc.identifier.citation [2010] ZACC 16
dc.identifier.citation 2010 (2) SACR 606 (CC)
dc.identifier.citation 2011 (1) SA 502 (CC)
dc.identifier.citation 2010 (12) BCLR 1223 (CC)
dc.identifier.uri http://hdl.handle.net/20.500.12144/3626
dc.title S v Marais en
dc.title.alternative CCT54/10 en
dc.identifier.casenumber CCT54/10 en
dc.date.judgment 21 September 2010
dc.link.judgment http://collections.concourt.org.za/bitstream/handle/20.500.12144/3626/Full%20judgment%20Official%20version%20%2888.6%20Kb%29-15797.pdf?sequence=8&isAllowed=y
dc.concourt.synopsis The applicant approached this Court for leave to appeal against her conviction and sentence in the High Court. She was found guilty of murdering her husband by committing a so-called ?contract murder?. During her trial the applicant submitted that she was a battered woman. The High Court found this to be improbable and untrue. In this Court the applicant submitted that the High Court misapplied the legal rules applicable to a battered woman. Furthermore, she requested to lead further evidence on the battered woman syndrome in this Court. The Court rejected her application for leave to appeal as it was merely based on a disagreement with the High Court?s findings of fact and found that she was precluded by the rules of procedure of tendering fresh evidence in this Court. Judgment of the Court.
dc.concourt.casehistory Application for leave to appeal against a decision of the Southern Circuit Local Division of the Western Cape High Court, 24 August 2009


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