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South Africa decisions
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Simelani v S (A697/2016) [2018] ZAGPPHC 694 (23 March 2018)
High Court appeal against sentence for housebreaking succeeded. The court reduced an eight-year sentence to five years after considering mitigation and comparable cases.
Pienaar v S (564/11) [2012] ZASCA 60 (2 April 2012)
The Supreme Court of Appeal found that the trial court committed several misdirections in its sentencing judgment, including reliance on speculative and inadmissible aggravating evidence and overemphasis of the seriousness of the offence. The actual prejudice suffered by the complainant was limited to R2900, and the appellant was a first offender who pleaded guilty. The sentence of five years' imprisonment was disturbingly inappropriate and unbalanced. The court held that, but for the fact that the appellant had already served a custodial sentence, a non-custodial sentence would have been app…
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