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South Africa decisions
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S v Mashego (CC142/2017) [2019] ZAGPPHC 95 (22 March 2019)
The High Court sentenced a young Metro Police officer convicted of culpable homicide to a wholly suspended prison term and community service after balancing gravity, remorse, and mercy.
S v Santho (HC16/2018) [2018] ZANWHC 21 (16 August 2018)
On special review, the High Court set aside a magistrate’s sentence that failed to reflect an intended correctional supervision order and remitted the matter for proper sentencing.
S v Van Wyk (53/2015) [2016] ZAFSHC 59 (7 April 2016)
On automatic review, the High Court held that the suspended sentence’s community-service conditions were too imprecise, but confirmed the sentence because it had already been served.
S v Mabidi (242/2011) [2012] ZAGPJHC 61 (17 April 2012)
High Court review of a speeding conviction confirmed guilt but reduced an excessive suspended fine and adjusted unfair suspension conditions.
S v Makua (A183/09) [2009] ZAGPPHC 62 (6 March 2009)
The High Court confirmed a conviction for assault with intent to do grievous bodily harm and substituted an imperfect sentence with a properly suspended one under section 297.
S v Mphulanyane (454/2008) [2008] ZAFSHC 83 (14 August 2008)
The High Court set aside both the original and amended sentences, holding that the magistrate was functus officio and could not replace the sentence under section 298.
S v Packereysammy (48/2003) [2003] ZASCA 146; 2004 (2) SACR 169 (SCA) (28 November 2003)
The Supreme Court of Appeal held that the magistrate did not misdirect himself in sentencing the appellant to 18 months' imprisonment for possession of over 6,000 abalone. The seriousness of the offence justified the sentence, and the magistrate was entitled to take judicial notice of the prevalence of abalone poaching in his jurisdiction. The appellant's personal circumstances, including his status as a first offender and the relatively small reward received, did not outweigh the gravity of the offence. The court found no irregularity or misdirection in the sentencing process and no striking…
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S v Makhudu (208/01) [2002] ZASCA 41; [2002] 3 All SA 401 (A); 2003 (1) SACR 500 (SCA) (16 May 2002)
The Supreme Court of Appeal dismissed a sentence appeal in a fraud case, holding that courtroom demeanour was not a proper aggravating factor and the amended sentence was reasonable.
S v Roses (822/2001) [2001] ZANCHC 3 (22 March 2001)
The court confirmed a juvenile accused’s conviction, but found the original sentence shockingly inappropriate and replaced it with a wholly suspended 24-month term.
S v Brits (407/1993) [1994] ZASCA 131 (26 September 1994)
The court found that the appellant's version of events was not credible and was contradicted by objective medical evidence and reliable witness testimony, particularly that of Mrs De Bruin. The nature and location of the stab wounds were consistent only with the State's version. The magistrate's findings on the facts were justified and there was no material error in the assessment of the evidence. The appellant did not act in self-defence and was correctly convicted of culpable homicide. Regarding sentence, the court held that the seriousness of the offence and the interests of society justif…
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