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South Africa Case Law

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Criminal Law [2024] ZANWHC 144

Tsage and Another v S (CA 32/23)

Tsage and Another v S (CA 32/23) [2024] ZANWHC 144 (20 June 2024)

The High Court dismissed a sentence appeal arising from violent home invasion, robbery, attempted murder, and sexual offences, finding no basis to interfere.

  • Sentencing Discretion
  • Minimum Sentences
  • Substantial And Compelling Circumstances
  • Pretrial Detention
  • Concurrency Of Sentences
  • Sexual Offences
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Criminal Law [2013] ZAGPJHC 20

S v Sithibe (69/2904/2012)

S v Sithibe (69/2904/2012) [2013] ZAGPJHC 20 (11 February 2013)

The court found that the cumulative sentence of five years' imprisonment imposed by the Magistrate was excessive given the offences arose from a single spree of criminal behaviour. The convictions were upheld as the evidence against the accused was overwhelming and his version was rejected as false. However, the court held that a measure of concurrency should have been ordered, as the offences, though serious and not inter-related, were committed in a single sequence. Mitigating factors included the return of the handbag (absent the cash), the minor nature of the injury to Constable Zulu, and…

  • Sentencing Principles
  • Cumulative Sentences
  • Concurrency Of Sentences
  • Assault With Intent To Do Grievous Bodily Harm
  • Theft
  • Escape From Custody
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.