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South Africa decisions
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M.M v S (Appeal) (CA & R 87/2024) [2025] ZAECMKHC 9 (11 February 2025)
The High Court dismissed an appeal against rape conviction and life sentence, finding the complainant credible, corroborated, and the prescribed sentence justified.
Kota v S (A23/2023) [2024] ZALMPPHC 63 (31 May 2024)
Appeal dismissed. The High Court upheld a conviction for rape and related offences and confirmed life imprisonment, finding no substantial and compelling circumstances.
S v Tsiane and Another (Sentence) (CC41/2023) [2024] ZAGPPHC 477 (25 April 2024)
The court found that the murder was premeditated and committed in furtherance of a common purpose, with both accused acting together to attack and set the deceased alight. The injuries sustained by the deceased were severe and indicative of extreme violence and disregard for human life. The personal circumstances of the accused, including their status as first offenders, roles as breadwinners, and time spent in custody, were considered but found to be ordinary and not substantial or compelling. Neither accused demonstrated genuine remorse or took the court into their confidence regarding thei…
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Kaitsheka v S (CA75/2018) [2024] ZANWHC 54 (28 February 2024)
The appeal against conviction on both counts was dismissed. The court found that the appellant's version of self-defence on count 1 was improbable and contradicted by forensic and eyewitness evidence, which established that the deceased was seated when shot and posed no imminent threat. On count 2, the evidence overwhelmingly established that the appellant shot the deceased in the back while he was fleeing, and then attempted to conceal the murder weapon and manipulate the crime scene. The trial court's finding of premeditation was a misdirection; the murders were not premeditated but were un…
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S v Moremane and Others (SS119/2021) [2023] ZAGPJHC 1506 (30 November 2023)
The High Court sentenced four accused for theft to five years’ imprisonment each, with one year six months suspended, after finding the offence planned and serious.
Lekgetho v S (A152/2022) [2023] ZAGPJHC 922 (16 August 2023)
The court found that the trial court did not misdirect itself in imposing the sentences. The mitigating factors presented by the appellant, including youth, prospects for rehabilitation, family circumstances, and time spent awaiting trial, were considered but did not amount to substantial and compelling circumstances justifying deviation from the prescribed minimum sentence. The aggravating circumstances, including the repeated and violent nature of the rape, use of a weapon, physical and emotional harm to the complainant, and the impact on her health, justified the imposition of life impriso…
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Khonjwayo and Another v S (Appeal) (AR 187/21) [2023] ZAKZDHC 31 (5 June 2023)
The High Court upheld the first appellant’s sentence appeal, reducing life imprisonment to 20 years, but dismissed the second appellant’s appeal.
S v Wynkwardt (Sentence) (CC51/2021) [2023] ZAECMKHC 22 (10 March 2023)
The court found that the accused committed two separate acts of rape against a particularly vulnerable victim, who was blind and elderly, and that the crimes were aggravated by the physical violence inflicted and the psychological harm caused to both the victim and her child. The accused's claimed remorse was not accepted as genuine, as it appeared to be motivated by self-interest in the face of overwhelming evidence, rather than true contrition. His personal circumstances, including his status as a first offender and his family situation, were not substantial or compelling enough to justify…
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S v Tsabane (CC10/2020) [2021] ZAGPPHC 217 (22 January 2021)
The High Court sentenced the accused to 25 years for murder and 5 years for defeating justice, finding no substantial and compelling circumstances.
S v Rwantsana (CC21/2015) [2020] ZAECMHC 59 (9 December 2020)
The High Court sentenced Samuel Cebisile Rwantsana to life imprisonment for premeditated murder, finding no substantial and compelling circumstances to depart from the minimum sentence.
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