Xaba v S (AR439/10)
Xaba v S (AR439/10) [2011] ZAKZPHC 2; 2011 (2) SACR 1 (KZP) (2 February 2011)
The court found that the minimum sentencing provisions were incorrectly applied to the appellant, who was 17 years old at the time of the offences. The sentencing court failed to properly consider the constitutional protections afforded to child offenders and the relevant statutory provisions. The imposition of life imprisonment was a misdirection, and the sentences were set aside. The court determined that a sentence of 20 years imprisonment on each count was appropriate, with the sentences on counts 2 to 5 to run concurrently with count 1.
Source excerpt
- Minimum Sentencing
- Child Offenders
- Constitutional Protection
- Life Imprisonment
- Rape
- Murder