South Africa Case Law

White v S (A441 /2009)

White v S (A441 /2009) [2010] ZAWCHC 361 (12 February 2010)

Court

Western Cape High Court, Cape Town

Case number

A441 /2009

Judges

Saldanha, Van Niekerk

The court found that the magistrate had properly considered both the appellant's personal circumstances and the seriousness of the offence. The appellant was found in possession of a large quantity of crayfish tails with significant economic value, and played a key role in the distribution network. The magistrate's reasoning was supported by relevant case law, and no irregularity or misdirection was identified. The interests of the community and the need to protect marine resources justified the imposition of the maximum sentence. The appeal against sentence was therefore dismissed and the se…

Source excerpt

• Marine Living Resources Act
• Sentencing Principles
• Possession Of Protected Species
• Deterrence
• Community Interest
• Mitigation Of Sentence

S v Mhlabuhlangeni (160/87)

S v Mhlabuhlangeni (160/87) [1988] ZASCA 144 (24 November 1988)

Court

Supreme Court of Appeal

Case number

160/87

Judges

Hoexter, Milne, Kumleben

The court allowed an appeal against sentence for possessing a petrol bomb, reducing eight years’ imprisonment by suspending three years.

• Explosives Act
• Sentencing Principles
• Mitigating Factors
• Community Interest
• Criminal-sentencing
• Explosives-act

S v Tsotetsi and Another (99/87)

S v Tsotetsi and Another (99/87) [1987] ZASCA 97 (24 September 1987)

Court

Supreme Court of Appeal

Case number

99/87

Judges

J J F Hefer, Viljoen, Jacobs

Appeal against sentence for public violence dismissed. The court held that youth and personal circumstances did not outweigh the seriousness of the offence and community interests.

• Public Violence
• Sentencing Principles
• Mitigating Factors
• Community Interest
• Public-violence
• Sentencing