Esheria South Africa Case Law
Sign in
South Africa Source-linked decisions Coverage checked

South Africa Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
2 court collections
Last checked

Search and filter South Africa case law

Results update automatically as you type.

South Africa decisions

Decisions matching the current search

Clear filters
Criminal Law [2023] ZAKZDHC 83

N.S v S (DR42/2023)

N.S v S (DR42/2023) [2023] ZAKZDHC 83 (26 October 2023)

Court
Kwazulu-Natal High Court, Durban
Case number
DR42/2023
Judges
Hlatshwayo, ZP Nkosi

The sentencing court materially misdirected itself by failing to consider and apply the Child Justice Act, which mandates that imprisonment for children should only be imposed as a last resort and for the shortest period. The magistrate did not consider alternative sentencing options, nor did he provide reasons for rejecting the probation officer’s recommendation of compulsory residence at a child and youth care centre. The sentence of five years’ imprisonment was imposed without regard to the child’s prospects of rehabilitation, the objectives of the Child Justice Act, or the constitutional…

Source excerpt

  • Child Justice Act
  • Sentencing Of Children
  • Best Interests Of Child
  • Attempted Sexual Offence
Read case analysis
Criminal Law [2020] ZAWCHC 33

S v V N (19754)

S v V N (19754) [2020] ZAWCHC 33 (4 April 2020)

Court
Western Cape High Court, Cape Town
Case number
19754
Judges
D M Thulare, B Martin

The magistrate erred by conflating the provisions of section 297 of the Criminal Procedure Act and section 76 of the Child Justice Act, resulting in an incompetent sentence. The sentence imposed failed to specify the period of compulsory residence and the period of imprisonment, leaving the accused uncertain about the nature and duration of his sentence. The magistrate also incorrectly treated the sentence as a postponement and failed to consider the accused's age at the time of the offence. The principles of certainty, predictability, and the once-and-for-all rule in sentencing were violated…

Source excerpt

  • Child Justice Act
  • Sentencing Of Child Offenders
  • Compulsory Residence In Cycc
  • Attempted Sexual Offence
  • Murder
  • Functus Officio
Read case analysis

About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.