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S v Praise (Sentence) (SS 57/2023) [2024] ZAGPJHC 775 (15 August 2024)
Sentence for murder, unlicensed firearm and ammunition possession, and defeating the ends of justice: 20 years’ imprisonment for murder, with concurrent terms on the other counts.
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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S v Mshubi and Another (Sentence) (SS69/2021) [2022] ZAGPJHC 83 (18 February 2022)
The court found that the offences committed by both accused were extremely serious, involving the kidnapping, assault, and murder of a defenceless mother in her home, with lasting trauma inflicted on her children and family. The court considered the personal circumstances of both accused, including their ages, education, family responsibilities, and time spent in custody. However, it held that these factors did not amount to substantial and compelling circumstances justifying deviation from the prescribed minimum sentences. The murder was committed with dolus eventualis, but the manner of kil…
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S v Setlhare (CC23/2020) [2021] ZAGPPHC 874 (29 November 2021)
The Court found that the evidence of the single witness, Nthabiseng Mahloma, was clear, satisfactory, and corroborated by other witnesses. The accused was the last person seen with the deceased, was witnessed assaulting and strangling her, and was seen dragging her body to the car. The accused's version was rejected as improbable and inconsistent. The circumstantial evidence, together with direct evidence, pointed to the accused as the perpetrator of the murder, theft, and defeating the ends of justice. The Court found that the State proved its case beyond reasonable doubt. However, the State…
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S v Ndlovu (SS72/2019) [2021] ZAGPJHC 899 (22 October 2021)
The High Court convicted Rosemary Nomia Ndlovu on murder, fraud, defeating the ends of justice, incitement and attempted murder counts arising from insurance-linked killings.
S v C.D (CC36/2018) [2019] ZAWCHC 79 (25 June 2019)
The court found that the accused committed extremely violent and aggravated offences against a vulnerable minor, his niece, breaching a position of trust. The brutality of the rape and murder, the psychological and physical suffering inflicted, and the subsequent attempt to defeat the ends of justice by disposing of the body and cleaning the crime scene were considered. The court weighed the accused's personal circumstances, including his background, family situation, and time spent in custody, but found these insufficient to constitute substantial and compelling circumstances justifying devi…
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S v Rohde (CC43/2017) [2019] ZAWCHC 18 (27 February 2019)
The court found that the murder of the accused's wife was brutal, callous, and aggravated by the manner of execution and subsequent staging of the crime scene to mislead authorities. The accused showed no remorse and failed to acknowledge the impact of his actions on the victim, her family, and society. The aggravating features far outweighed the mitigating factors, including the accused's personal circumstances and lack of prior convictions. The court held that the prescribed minimum sentence of 15 years for murder was insufficient given the extreme and shocking nature of the offence and the…
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Ntsimane v S (A49/2008) [2010] ZAGPPHC 209 (22 November 2010)
The High Court dismissed a magistrate’s appeal against conviction and sentence for defeating the ends of justice after she altered a J15 charge sheet.
Lorimer v S (A 57/2009) [2010] ZAWCHC 47 (18 March 2010)
The Court held that although the appellant was the primary caregiver of his children, the seriousness of the offence—culpable homicide of his wife and subsequent deception—required a substantial custodial sentence. The magistrate's sentence of 10 years imprisonment (with 4 years suspended) was not disturbingly inappropriate and fell within the range of reasonableness. The interests of the children were considered, particularly through the social worker's report, which confirmed that adequate arrangements for their care could be made during the appellant's incarceration. The Court found no mat…
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