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South Africa decisions
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Lambat v S (A70/2019) [2019] ZAGPJHC 440 (17 October 2019)
The High Court upheld an appeal against sentence for drug possession, finding five years imprisonment disturbingly inappropriate for a first offender.
Terblanche v S (CA&R 197/2012) [2015] ZAECGHC 13 (5 March 2015)
High Court appeal against a 10-year fraud sentence dismissed. The court refused further evidence and held the appellant’s stated co-accused comparison did not justify interference.
S v Dreyer (CA&R26 /2006) [2007] ZANCHC 34 (18 May 2007)
The court found that the trial magistrate did not err in law by considering direct imprisonment as an appropriate sentence, but failed to adequately consider alternative sentencing options, particularly in light of the appellant's personal circumstances and comparable cases within the division. The appellant was a first offender, 21 years old, had ceased drug use for eight months prior to sentencing, and had stable employment. The court noted that in two recent similar cases, sentences of imprisonment were replaced with substantial fines and suspended sentences. The court concluded that the s…
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S v Molefi (1287/2005) [2005] ZAFSHC 142 (3 November 2005)
Sentence review in a housebreaking matter. The High Court confirmed the conviction but reduced the 18-month sentence to 9 months, stressing youth and first-offender status.
S v Mthembu (407/90) [1991] ZASCA 77 (30 May 1991)
The Supreme Court of Appeal held that the death sentence is reserved for cases where it is imperatively called for, typically involving direct intent to kill and actual perpetration. In this case, the appellant did not fire the fatal shot, his intent was dolus eventualis, and he was not the principal perpetrator. Although aggravating factors such as recidivism, planning, and lack of remorse were present, mitigating factors and the absence of direct intent weighed against the death penalty. Furthermore, sentencing parity with Ntuli, who received imprisonment for the same offence under similar…
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