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South Africa decisions
Decisions matching the current search
De Almeida v S (728/2018) [2019] ZASCA 84 (31 May 2019)
The Supreme Court of Appeal held that leave to appeal against sentence should have been granted because there were reasonable prospects of success.
S v Ntlathi (189/2010) [2010] ZAFSHC 53 (26 May 2010)
On automatic review, the High Court set aside an order declaring a dagga-possession accused unfit to possess a firearm, holding that section 103(1)(k) did not permit it.
S v Matshona (509/2007) [2008] ZASCA 58; [2008] 4 All SA 68 (SCA); 2013 (2) SACR 126 (SCA) (28 May 2008)
The Supreme Court of Appeal held that its jurisdiction in this matter was limited to determining whether the high court should have granted leave to appeal against the sentence imposed by the regional court. The merits of the sentence appeal itself were not before the SCA, as the appeal had not yet been heard in the high court. The court found that there were reasonable prospects that a court of appeal might consider the sentence too severe, given the appellant's personal circumstances, the nature of the offence, and the consequences suffered. The respondent conceded this point. Accordingly,…
Source excerpt
S v Mgabhi (DR 220/08) [2008] ZAKZHC 20; 2008 (2) SACR 377 (D) (1 March 2008)
Review of sentence after convictions for negligent driving and driving without a licence. Compensatory award set aside; suspended sentence reduced.
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