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South Africa decisions
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S v M (87/2017) [2017] ZAFSHC 107 (29 June 2017)
A special review set aside a child offender’s fine for theft and replaced it with caution and discharge after the court found the magistrate had over-relied on a probation report.
Ruiters v S (CA&R124/2015) [2015] ZAECGHC 91 (11 September 2015)
Appeal against sentence for rape and assault by a 17-year-old offender was dismissed. The High Court found no misdirection and upheld the concurrent sentences.
Marinus v S (A216/2012) [2012] ZAWCHC 310 (14 September 2012)
The court held that, following the Constitutional Court's declaration of invalidity of section 51(2) of the Criminal Law Amendment Act for child offenders, it was required to reconsider the sentence afresh. The appellant was 17 years and 8 months old at the time of the offences and had spent two years in custody awaiting trial. The offences, though serious and traumatic for the victims, were committed as part of a single course of conduct on the same day. The totality principle required that the sentences not be disproportionate to the overall criminal behaviour. The court found that the magi…
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Lakay v S (A 724/2010) [2012] ZAWCHC 14; 2012 (2) SACR 399 (WCC) (2 March 2012)
The court found that the conviction was justified based on the credible and satisfactory evidence of Poggenpoel, who had sufficient opportunity to observe and identify the appellant as the perpetrator. The appellant's version was not reasonably possibly true and contained material contradictions. Regarding sentence, the court held that the magistrate materially misdirected himself by failing to properly consider all available sentencing options for a child offender, particularly correctional supervision. The magistrate relied too heavily on the probation officer's recommendation without suffi…
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S v Arends and Others [2010] ZAECGHC 16 (1 March 2010)
The court held that sentencing must balance the seriousness of the offences, the interests of society, and the personal circumstances of each accused. Accused 1, being 17 at the time, was excluded from the minimum sentencing regime and sentenced in accordance with principles applicable to child offenders, resulting in a substantial but not life sentence. Accused 2 and 3, both adults, were subject to the minimum sentencing regime for rape committed by more than one person acting in common purpose. The court found no substantial and compelling circumstances to justify deviation from the prescri…
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S v Ralehane (A364/2004) [2005] ZAGPHC 345 (23 November 2005)
Appeal against rape and attempted murder convictions dismissed, but the sentences were set aside because no pre-sentence report was obtained for the juvenile appellant.
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