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South Africa decisions
Decisions matching the current search
Magano v S (CA12/2020) [2024] ZANWHC 254 (11 October 2024)
The High Court upheld an appeal against sentence, antedated the sentence to 31 January 2017, and ordered that the appellant be release if still detained.
Ntheri v S (A29/2019) [2019] ZAFSHC 117 (4 July 2019)
The trial court materially misdirected itself by considering aggravating factors not supported by evidence, such as the complainant's death and alleged domestic violence, and by imposing the incorrect prescribed minimum sentence for rape. The appellant's mitigating circumstances, including being a first offender, pleading guilty, showing remorse, being intoxicated, and being a primary caregiver, cumulatively constitute substantial and compelling circumstances justifying deviation from the prescribed minimum sentence. The sentence imposed by the trial court was excessive and inappropriate. The…
Source excerpt
Johannes Windvogel v The State (20091/2014) [2015] ZASCA 63; Johannes Windvogel v The State (20091/2014) [2015] ZASCA 63 (8 May 2015) (8 May 2015)
The Supreme Court of Appeal granted special leave and reduced a drug-dealing sentence, finding the high court’s antedating order misdirected and excessive.
Kruger v S (506/2011) [2011] ZASCA 219; 2012 (1) SACR 369 (SCA) (29 November 2011)
The Supreme Court of Appeal reduced and restructured Kruger’s sentences, finding the cumulative effect was disproportionate and that pretrial detention mattered.
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