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South Africa decisions
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Rametzi v S (CA27/2022) [2024] ZANWHC 205 (5 August 2024)
The High Court dismissed an appeal against life imprisonment for rape of a 15-year-old complainant, holding that no compelling circumstances justified departure.
P.M v S (A103/2020) [2023] ZAGPJHC 700 (14 June 2023)
The High Court dismissed a criminal appeal against convictions for rape and sexual assault, confirming life imprisonment and a five-year sentence.
Dlamini v S (CA 53/2022) [2023] ZANWHC 19 (2 March 2023)
Appeal against a life sentence for raping a 14-year-old niece was dismissed. The High Court held no compelling and substantial circumstances justified deviation.
Malefane v S (A158/2020) [2021] ZAFSHC 345 (26 July 2021)
The High Court dismissed an appeal against a rape conviction and ten-year sentence, finding no misdirection in the magistrate’s credibility findings or minimum-sentence analysis.
Nkosi v S (A400/2019) [2020] ZAGPPHC 655 (6 November 2020)
Criminal appeal against rape and kidnapping convictions dismissed; the High Court upheld findings of multiple rapes and a life sentence.
Fana v S (A257/2018) [2019] ZAFSHC 85 (16 May 2019)
The court found that the trial court erred in applying section 51(1) of the Criminal Law Amendment Act, as the injuries sustained by the complainant did not amount to grievous bodily harm. The charge sheet was misleading in its formulation, equating assault with intent to do grievous bodily harm with the actual infliction of such harm. The evidence showed only minor injuries, which did not meet the threshold for grievous bodily harm. Consequently, the rape charge should have been dealt with under section 51(2), prescribing a minimum sentence of 10 years for a first offender. The court also fo…
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Kekana v S (A348/2019) [2019] ZAGPPHC 223 (6 May 2019)
The High Court dismissed an appeal against conviction and sentence for rape and kidnapping, holding that the complainant’s evidence was corroborated and the minimum sentence was properly imposed.
Mahlo v S (A61/2017) [2019] ZAGPPHC 13 (31 January 2019)
The High Court dismissed an appeal against sentence for housebreaking, robbery with aggravating circumstances, and rape, finding no substantial and compelling circumstances.
Mbele v S (A79/2017) [2017] ZAFSHC 181 (14 September 2017)
The appeal court found that the trial court misdirected itself by failing to warn the appellant of the prescribed minimum sentence and the consequences of a guilty verdict, thereby violating his right to a fair trial. This constituted a substantial and compelling reason to deviate from the prescribed sentence. The court further held that the trial court overemphasized aggravating factors and failed to properly balance them against mitigating factors. Given the appellant's personal circumstances and the procedural irregularity, the sentence of life imprisonment was shockingly inappropriate and…
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Khauli and Another v S (A1010/2008) [2017] ZAGPPHC 371 (27 June 2017)
The High Court upheld a sentence appeal, finding the appellants had not been warned of the minimum-sentence regime and substituting lesser concurrent sentences.
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