South Africa Case Law

Mosikili v S (A339/2017)

Mosikili v S (A339/2017) [2018] ZAGPPHC 813; 2019 (1) SACR 705 (GP) (3 May 2018)

Court

North Gauteng High Court, Pretoria

Case number

A339/2017

Judges

RJA Moultrie, CP Rabie

The trial court misdirected itself by failing to consider correctional supervision as a sentencing option, despite the existence of substantial and compelling circumstances. The magistrate disregarded the pre-sentencing and suitability reports, which recommended correctional supervision, and closed his mind to alternatives to direct imprisonment. The appellant's personal circumstances, including being a first offender, his age, his role as primary breadwinner, and his ongoing support for the deceased's child, combined with the extenuating circumstances surrounding the offence, justified a dep…

Source excerpt

• Sentencing Discretion
• Mandatory Minimum Sentences
• Correctional Supervision
• Substantial And Compelling Circumstances
• Murder
• Community Corrections

Minister of Correctional Services and Others v Seganoe (20507/2014)

Minister of Correctional Services and Others v Seganoe (20507/2014) [2015] ZASCA 148; 2016 (1) SACR 221 (SCA) (1 October 2015)

Court

Supreme Court of Appeal

Case number

20507/2014

Judges

Maya, Leach, Pillay, Zondi, Mathopo

The Supreme Court of Appeal held that the transitional provisions in section 136 of the Correctional Services Act 111 of 1998 apply only to offenders who were serving sentences before 1 October 2004. Offenders sentenced after this date, regardless of when the offence was committed, are governed by the parole regime of the 1998 Act. The respondent was sentenced after the commencement of the new Act and therefore does not qualify for the credit system under the repealed 1959 Act. The court rejected the respondent's argument that the date of the offence should determine parole eligibility, findi…

Source excerpt

• Parole Eligibility
• Statutory Interpretation
• Transitional Provisions
• Retrospective Application
• Credit System
• Community Corrections

Johnson v S (A146/2015)

Johnson v S (A146/2015) [2015] ZAWCHC 84 (8 June 2015)

Court

Western Cape High Court, Cape Town

Case number

A146/2015

Judges

Riley, Ndita

The court upheld an appeal against sentence for parole breach, finding the trial court overemphasized seriousness and failed to properly weigh mitigation.

• Parole Violation
• Sentencing Principles
• Community Corrections
• Mitigating Factors
• Sentence-appeal
• Parole-violation

S v Bashford (CC54/94)

S v Bashford (CC54/94) [2015] ZAGPPHC 146 (13 March 2015)

Court

North Gauteng High Court, Pretoria

Case number

CC54/94

Judge

Mudau TP

The High Court converted Bashford’s indefinite sentence into three years’ correctional supervision with strict community-corrections conditions.

• Dangerous Criminal Declaration
• Sentence Reconsideration
• Correctional Supervision
• Community Corrections
• Parole Board Report
• Sentence-reconsideration

S v Dikqacwi and Others (SS49/2012)

S v Dikqacwi and Others (SS49/2012) [2013] ZAWCHC 67 (15 April 2013)

Court

Western Cape High Court, Cape Town

Case number

SS49/2012

Judge

Binns-Ward

High Court sentence in a vigilantism case: all accused received wholly suspended prison terms, correctional supervision, community service, and compensation orders.

• Sentencing Principles
• Vigilantism
• Correctional Supervision
• Community Corrections
• Restorative Justice
• Sentencing-principles