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South Africa decisions
Decisions matching the current search
Troskie v S (CA&R73/2016) [2016] ZAECGHC 53 (27 July 2016)
The High Court upheld the conviction but reduced a fraud sentence from 3 years to 2 years, finding the magistrate overemphasised deterrence and underweighted rehabilitation.
Motseki v S (A342/2014) [2015] ZAGPPHC 107 (27 February 2015)
The court found that the evidence, particularly the identification by Mr Palatsi and the appellant's possession of the bakkie, proved the appellant's guilt beyond reasonable doubt. The appeal against conviction was dismissed. However, the court held that the sentence of three years direct imprisonment was disproportionate to the seriousness of the offence, especially considering the appellant's personal circumstances, the relatively small value of the stolen goods, and the fact that deterrence was overemphasized by the court a quo. The sentence was set aside and replaced with a sentence of th…
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Gordon v S (A769/2012) [2014] ZAGPPHC 913 (14 November 2014)
The High Court reduced a seven-year sentence for motor vehicle theft to five years, finding the trial court had over-emphasised the offence and ignored mitigating factors.
Linus v S (A107/2014) [2014] ZAGPPHC 661; 2015 (1) SACR 381 (GP) (28 August 2014)
The High Court dismissed an appeal against a 10-year sentence for dealing in drugs, holding the magistrate properly weighed the seriousness of the offence and the need for deterrence.
S v White (A441/2009) [2012] ZAWCHC 108 (12 February 2012)
The High Court dismissed an appeal against a two-year sentence for possession of 16 290 crayfish tails, finding no misdirection or irregularity.
White v S (A441 /2009) [2010] ZAWCHC 361 (12 February 2010)
The court found that the magistrate had properly considered both the appellant's personal circumstances and the seriousness of the offence. The appellant was found in possession of a large quantity of crayfish tails with significant economic value, and played a key role in the distribution network. The magistrate's reasoning was supported by relevant case law, and no irregularity or misdirection was identified. The interests of the community and the need to protect marine resources justified the imposition of the maximum sentence. The appeal against sentence was therefore dismissed and the se…
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White v S (A441/2009) [2010] ZAWCHC 504 (12 February 2010)
The High Court dismissed an appeal against a two-year sentence for possessing 16 290 crayfish tails, finding no misdirection or irregularity in sentencing.
S v Mnisi [2009] ZASCA 17; 2009 (2) SACR 227 (SCA) ; [2009] 3 All SA 159 (SCA) (19 March 2009)
The Supreme Court of Appeal reduced a murder sentence to five years, holding that the trial court undervalued diminished responsibility and overemphasized deterrence.
S v Mkhwayimba (A 597/08B) [2009] ZANWHC 2 (4 February 2009)
On review, the High Court found that the sentence for housebreaking and theft was too severe and substituted a fine or partly suspended imprisonment.
S v Bartlette (CA&R 92/07) [2008] ZANCHC 5 (15 February 2008)
The High Court dismissed an appeal against a 12-year sentence for dealing in drugs, holding that deterrence and public interest justified the term.
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