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South Africa decisions
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Dlamini v S (Appeal) (CA34/2023) [2025] ZANWHC 136 (30 June 2025)
The High Court dismissed an appeal against rape and kidnapping convictions and a 20-year sentence, finding no material misdirection, bias, or sentencing error.
Mavundla v S (AR535/2019) [2024] ZAKZPHC 125 (23 August 2024)
The regional magistrate materially misdirected herself by failing to consider the cumulative effect of the sentences imposed, resulting in an effective sentence of 22 years imprisonment that was disproportionally harsh and induced a sense of shock. The court held that while the offences and the appellant's criminal history were serious and aggravating, the interests of justice required a balanced approach that considered the appellant's personal circumstances, the time spent awaiting trial, and the principle that aggregate sentences should not be unduly severe. The court substituted the sente…
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Nkosi v S (A35/2022 ; 43/1077/2018) [2023] ZAGPJHC 1029 (11 September 2023)
The High Court dismissed an appeal against a three-year sentence for assault with intent to do grievous bodily harm and confirmed consecutive service.
Khumalo v S (723/2020) [2022] ZASCA 39 (4 April 2022)
The SCA held there were no prospects of success on conviction, but reasonable prospects on sentence because the trial court may have failed to consider concurrency.
Mutsweni and Others v S (A39/2021) [2021] ZAGPPHC 532 (19 August 2021)
Appeal against sentence in a robbery and firearm case partly succeeded, with the High Court ordering more concurrency and reducing the effective imprisonment terms.
Klaasen v S (A99/2021) [2021] ZAWCHC 116 (9 June 2021)
The High Court upheld an appeal against sentence in part, ordering theft and robbery sentences to run concurrently and reducing the effective term to 8 years.
Mhlambi v S (593/2020) [2021] ZASCA 49 (21 April 2021)
The Supreme Court of Appeal held that the high court properly exercised its discretion in reducing the appellant's effective sentence to 25 years' imprisonment. The high court correctly recognised the procedural irregularity in the trial court's application of minimum sentence legislation but found that the trial court nonetheless had jurisdiction to impose the sentences. The gravity and organised nature of the robberies, the use of firearms, and the impact on victims and society outweighed the appellant's personal circumstances. The high court mitigated undue harshness by reducing the effect…
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Letsiri and Another v S (A689/2016) [2021] ZAGPPHC 198 (1 April 2021)
The appeal court found that the trial court erred by failing to order certain sentences to run concurrently, resulting in an effective sentence of 52 years' imprisonment, which was more onerous than life imprisonment. The offences were closely connected in time and space, and the cumulative effect of the sentences was unduly severe. The appeal court held that the sentences for kidnapping (Counts 2, 4, 6) should run concurrently with the murder sentences (Counts 1, 3, 5), and the sentence for kidnapping (Count 8) should run concurrently with the assault sentence (Count 7). This adjustment redu…
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Marirawahn and Others v S (A365/19) [2020] ZAGPPHC 725 (10 December 2020)
The court found that the magistrate materially misdirected himself by failing to properly consider the cumulative effect of the sentences and the period of pre-sentence detention. The appellants, except for one, were first offenders and had spent over three years in custody before sentencing. The truck and its contents were recovered, and no injuries occurred. These factors, viewed cumulatively, constituted substantial and compelling circumstances justifying deviation from the prescribed minimum sentences. The sentences imposed by the trial court were set aside and replaced with lesser senten…
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Xulu v S (AR242/18) [2020] ZAKZPHC 34 (31 July 2020)
The appeal court dismissed a sentence appeal for murder, theft, and firearm offences, holding that the 28-year effective sentence was not excessive or misdirected.
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