S v S.D (SS023-2023) [2024] ZAGPJHC 1233 (28 November 2024)

S v S.D (SS023-2023) [2024] ZAGPJHC 1233 (28 November 2024)

The court found that, although the prescribed minimum sentence for the murder of a child under 18 is life imprisonment, there are substantial and compelling circumstances justifying deviation. The accused's psychological vulnerabilities, history of trauma, lack of ongoing support, and impulsive nature of the offence were considered. The court noted that the accused acted in a highly charged emotional state and has received psychological and psychiatric assistance in prison. However, the court was not satisfied that the accused had shown genuine remorse, as her actions and evidence indicated concern for herself rather than her son's suffering. Balancing the interests of society, the nature...

Citation
[2024] ZAGPJHC 1233
Parties
Applicant: The State; Defendant: D[...] S[...]
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
28 November 2024
Case Number
SS023/2023
Procedural Posture
Criminal Law / Sentencing After Conviction
Outcome
The accused is sentenced to 12 years direct imprisonment for the murder of her child.
Judges
Yacoob
Legal Topics
Murder of Child, Minimum Sentencing, Substantial and Compelling Circumstances, Mental Health in Sentencing, Remorse, Mitigation and Aggravation
Criminal Law Murder of Child Minimum Sentencing Substantial and Compelling Circumstances Mental Health in Sentencing Remorse Mitigation and Aggravation

Case Brief

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Parties

The State

Applicant

D[...] S[...]

Defendant

Procedural Posture

Criminal Law / Sentencing After Conviction

Legal Issues

  1. 1 Whether substantial and compelling circumstances exist to justify deviation from the prescribed minimum sentence of life imprisonment for the murder of a child under 18 years.
  2. 2 What weight should be given to the accused's psychological state and personal history in mitigation of sentence.
  3. 3 Whether the accused has demonstrated genuine remorse for the offence.

Ratio Decidendi

The court found that, although the prescribed minimum sentence for the murder of a child under 18 is life imprisonment, there are substantial and compelling circumstances justifying deviation. The accused's psychological vulnerabilities, history of trauma, lack of ongoing support, and impulsive nature of the offence were considered. The court noted that the accused acted in a highly charged emotional state and has received psychological and psychiatric assistance in prison. However, the court was not satisfied that the accused had shown genuine remorse, as her actions and evidence indicated concern for herself rather than her son's suffering. Balancing the interests of society, the nature...

Court Disposition

The accused is sentenced to 12 years direct imprisonment for the murder of her child.

Orders

  • Ms D[...] is sentenced to 12 years direct imprisonment.