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South Africa decisions
Decisions matching the current search
Radebe v S (A117/2022) [2023] ZAFSHC 41 (16 February 2023)
The High Court dismissed a sentence appeal for rape and housebreaking, holding that no substantial and compelling circumstances justified departure from the prescribed minimum sentence.
Manqele and Another v S (A492/2013) [2020] ZAGPJHC 210 (4 June 2020)
High Court appeal against rape, kidnapping and related convictions and life sentences dismissed. The court found the complainant credible and the appellants' versions improbable.
Matsobane v S (CA71/2018) [2019] ZANWHC 54 (12 December 2019)
The court found that the trial court correctly concluded there were no substantial and compelling circumstances justifying deviation from the prescribed minimum sentence of life imprisonment for the appellant, who was convicted of two counts of rape. The appellant's personal circumstances, including his age, employment, dependents, and lack of recent criminal history, were considered but did not outweigh the seriousness and aggravating features of the offences. The appellant was known to the complainants, used threats, and committed repeated acts of rape, including kidnapping. The court held…
Source excerpt
Mosepele v S (A101//2018) [2019] ZAGPPHC 328 (18 July 2019)
The High Court upheld an appeal against sentence, reducing a 12-year term to 5 years after finding the magistrate failed to properly weigh drug dependency and rehabilitation.
Dlodlo v S (AR40/17) [2018] ZAKZDHC 16 (1 June 2018)
The High Court reduced a housebreaking-and-theft sentence from eight years to four years, finding the original term excessive and insufficiently tempered by mitigation.
Mcatshukelwa v S (CA&R290/2016) [2017] ZAECGHC 34 (16 March 2017)
Appeal against a 10-year sentence for robbery with aggravating circumstances dismissed; the court upheld the magistrate’s sentence disparity based on prior robbery conviction.
Bezuidenhout en S (A532/2014) [2016] ZAGPPHC 1161 (23 November 2016)
Appeal against conviction on theft counts dismissed, but the 15-year sentence on count 2 was set aside and replaced with 5 years.
M.M v S (CAF19/15) [2015] ZANWHC 63 (25 September 2015)
Appeal against sentence for rape of the appellant’s daughter upheld; life imprisonment was replaced with 18 years after the court found substantial and compelling circumstances.
Dail v S (A145/2012) [2014] ZAFSHC 79 (12 June 2014)
Appeal against sentence for murder. The High Court found the trial court overstepped the minimum sentence and reduced 20 years to 15 years.
Motemba v S (CA 10/2013) [2013] ZANWHC 48 (30 May 2013)
The High Court upheld an appeal against sentence, finding ten years’ imprisonment for housebreaking and theft shockingly severe and substituting six years.
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