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South Africa decisions
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Taylor v S (CA&R: 14/2024) [2024] ZAECMKHC 86 (12 August 2024)
The High Court upheld an appeal against sentence for six fraud convictions, finding the effective six-year term disproportionate and reducing it to 18 months.
Leotlea and Another v S (A70/2023) [2024] ZAGPPHC 603 (27 June 2024)
The court found that while the offences were serious and committed by a syndicate, the magistrate erred in imposing the minimum sentence of 15 years imprisonment on the third appellant for money laundering, as the amount involved was only R55,000 and the prescribed minimum sentence was not applicable. Furthermore, the cumulative effect of the sentences imposed in this matter and those previously imposed in 2015 resulted in effective sentences of 35 and 38 years, which the court deemed shockingly harsh and disturbingly inappropriate, particularly as the offences arose from the same investigati…
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Ndimande and Others v S (A58/2017) [2024] ZAGPPHC 406 (10 May 2024)
The High Court partially allowed a sentence appeal, holding that the appellants’ pre-conviction incarceration should be reflected by backdating their sentences.
Mokgepa v S (A229/2022) [2023] ZAGPPHC 681 (10 July 2023)
The High Court dismissed a sentence appeal in a murder and robbery case, holding that the 40-year effective sentence was not shockingly inappropriate.
Botha v The State (546/2021) [2022] ZASCA 87 (8 June 2022)
The Supreme Court of Appeal upheld a 36-year effective sentence for repeated sexual offences against a child, finding no basis to interfere with the sentences.
Makhanya v S (A313/2015) [2019] ZAGPJHC 60 (5 March 2019)
The court found that the cumulative effect of the sentences imposed on the appellant amounted to a disproportionate punishment. While the sentences for each count were upheld, the court ordered that the sentences for counts 1 and 2 run concurrently, reducing the effective sentence from 27 years to 21 years' imprisonment. The court considered the appellant's time spent in custody prior to trial, acknowledging that not all delays were attributable to him, and held that this factor could be taken into account when assessing the cumulative effect of the sentences. The court reaffirmed that minimu…
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Sobhuye and Others v S (CA52/2018) [2019] ZAECMHC 3 (5 February 2019)
The appeal court found no basis to interfere with the trial court's factual findings regarding the third appellant's conviction on counts 7 and 8 under the doctrine of common purpose, as the evidence established both prior agreement and active association. However, the court held that the sentences imposed, while not necessarily wrong in isolation, resulted in an unreasonable cumulative effect contrary to the trial court's own intention to avoid such outcome. The trial court had properly considered the seriousness of the offences, the interests of society, and the personal circumstances of th…
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S (A502/2016, 14/4145/2006), R v [2017] ZAGPPHC 279 (2 June 2017)
The High Court reduced an effective 30-year sentence to 18 years after finding the trial court failed to properly weigh pretrial custody, youth, and cumulative effect.
Sithole v S (A548/2015) [2017] ZAGPPHC 224 (26 May 2017)
Appeal against a 78-year effective sentence for multiple violent crimes succeeded in part. The High Court reduced the effective sentence to 50 years.
Dlamini v S (A735/2015) [2016] ZAGPPHC 343 (11 March 2016)
The High Court reduced an effective 50-year sentence for murder and related offences to 35 years, finding the original sentence too long and insufficiently considerate of rehabilitation.
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