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South Africa decisions
Decisions matching the current search
Mathe v S (Leave to Appeal) (CC145/2017) [2025] ZAGPPHC 471 (2 May 2025)
The High Court granted leave to appeal against sentence after finding arguable errors in a dangerous-criminal declaration and sentencing on the murder count.
S v Minnaar (Sentence) (CC 68/2020) [2025] ZAWCHC 62 (18 February 2025)
The court found that the offences committed by the accused were exceptionally brutal, premeditated, and aggravated by the abuse of a position of trust and the vulnerability of the minor victim. The psychiatric and psychological reports indicated that the accused has antisocial and psychopathic traits, lacks genuine remorse, and poses an ongoing danger to society. The court held that there are no substantial and compelling circumstances to justify deviation from the mandatory life sentences prescribed for rape and murder under the Criminal Law Amendment Act. The request for sentencing under se…
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S v Ruiters (CC11/2021) [2023] ZAWCHC 316; 2024 (1) SACR 391 (WCC) (30 November 2023)
The court found that the accused's conduct was premeditated, brutal, and demonstrated a complete disregard for the sanctity of human life. The psychiatric assessment confirmed that the accused is a danger to the physical and mental well-being of others, with no genuine remorse and a poor prognosis for rehabilitation. Despite the accused's lack of previous convictions and difficult personal circumstances, the gravity and manner of the offences, including stalking, planning, and dismemberment, outweighed any mitigating factors. The court held that there were no substantial and compelling circum…
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Petersen v The State (295/2021) [2023] ZASCA 26; 2023 (1) SACR 567 (SCA) (16 March 2023)
The Supreme Court of Appeal set aside a high court’s reconsideration of Petersen’s indeterminate sentence because no parole board report was considered and the hearing was procedurally unfair.
S v Barker (CC155/2018) [2020] ZAGPPHC 628 (8 October 2020)
The court sentenced Charles Peter Barker to life imprisonment for premeditated murder and 18 years for attempted murder, with a 25-year non-parole period.
S v Barker (CC155/2018) [2020] ZAGPPHC 682 (8 October 2020)
Sentencing judgment for premeditated murder and attempted murder. The accused received life imprisonment, 18 years for attempted murder, and a 25-year non-parole period.
Mehlape v S (AA08/2019) [2020] ZALMPPHC 59 (17 June 2020)
Appeal against an indefinite sentence under the dangerous criminal provisions was dismissed. The High Court held the trial court properly exercised its sentencing discretion.
S v Mathe (CC145/2017) [2018] ZAGPPHC 890 (24 August 2018)
The court found that the murder was planned and premeditated, committed in a brutal and gruesome manner against a vulnerable elderly woman who was the accused's mother and under his care. The accused failed to show genuine remorse, did not report the crime, and attempted to evade responsibility. The mitigating factors, including the accused's status as a first offender and breadwinner, were outweighed by the aggravating circumstances. The accused's alleged emotional stress and consumption of poison did not amount to substantial and compelling circumstances justifying deviation from the prescr…
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S v Bashford (CC54/94) [2015] ZAGPPHC 146 (13 March 2015)
The High Court converted Bashford’s indefinite sentence into three years’ correctional supervision with strict community-corrections conditions.
S v Thomson (80/96) [1997] ZASCA 5; [1997] 2 All SA 127 (A) (10 March 1997)
Appeal against life imprisonment for rape and indecent assault. Majority referred sentence back to consider dangerous-criminal procedures; dissent would uphold life.
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