South Africa Case Law

B.B v S (Appeal) (A95/2025)

B.B v S (Appeal) (A95/2025) [2025] ZAWCHC 270 (25 June 2025)

Court

Western Cape High Court, Cape Town

Case number

A95/2025

Judges

Pangarker, Sher

The appeal court found that the Regional Magistrate had properly considered all relevant factors, including the appellant's personal circumstances, previous conviction, the interests of the community, and the prevalence of gender-based violence. The court held that the brutality and sustained nature of the assault, the lack of genuine remorse, and the seriousness of the offence outweighed any mitigating factors. No substantial and compelling reasons existed to justify deviation from the prescribed minimum sentence of 20 years' direct imprisonment for a second offender convicted of murder. The…

Source excerpt

• Minimum Sentencing
• Intimate Femicide
• Remorse
• Gender Based Violence
• Appeal Against Sentence
• Culpable Homicide Vs Murder

Speelman v S (A410/2013)

Speelman v S (A410/2013) [2014] ZAGPJHC 79 (3 April 2014)

Court

South Gauteng High Court, Johannesburg

Case number

A410/2013

Judges

B Mashile, I Opperman

The High Court dismissed an appeal against sentence for murder, finding no substantial and compelling circumstances to justify departure from the prescribed minimum sentence.

• Minimum Sentences
• Substantial And Compelling Circumstances
• Culpable Homicide Vs Murder
• Mitigating Factors
• Aggravating Circumstances
• Minimum-sentences