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South Africa decisions
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Baben v Botha N.O (24537/2015) [2022] ZAGPPHC 668 (16 September 2022)
The High Court dismissed an application for leave to appeal against direct imprisonment and punitive costs in a contempt matter, finding no prospects of a different outcome.
S v Rebese (CA&R 15/21) [2021] ZANCHC 22 (23 July 2021)
On special review, the High Court set aside a sentence imposed under the wrong CPA provision and referred the matter back for resentencing.
S v Moqhoba (R282/2016) [2017] ZAFSHC 10 (5 January 2017)
Section 17(e) of Act 140 of 1992 is peremptory in requiring the imposition of direct imprisonment for offences under section 13(f), including dealing in dagga under section 5(b). The sentencing court does not have discretion to impose only a fine; direct imprisonment must be imposed, even if wholly or partially suspended. The sentence imposed by the magistrate—a fine with suspended imprisonment—was impermissible and contrary to the statutory requirements. The conviction is confirmed, but the sentence is set aside and the matter remitted to the trial court for sentencing afresh in accordance w…
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S v Petersen (307/2012) [2012] ZAFSHC 202 (1 November 2012)
High Court review of a 17-year-old first offender’s sentence for housebreaking, theft and firearm offences. Convictions stood, but sentences were ordered concurrent.
Pietersen v S (A25/2007) [2008] ZAWCHC 263 (12 September 2008)
The High Court dismissed an appeal against sentence for repeated illegal liquor trading, holding that direct imprisonment was justified despite a guilty plea and first-offender status.
S v Mphatswanyane and Another (592/2007) [2007] ZAFSHC 97 (13 September 2007)
The court found that while stock theft is a serious offence and community interests are significant, the personal circumstances of both accused, their status as first offenders, their guilty pleas, and the fact that all stolen sheep were recovered, justified a more lenient sentence. The original sentence of 30 months' imprisonment was deemed shockingly inappropriate and disproportionate to the facts. The court substituted the sentence with 12 months' imprisonment, backdated to the original sentencing date.
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S v Dreyer (CA&R26 /2006) [2007] ZANCHC 34 (18 May 2007)
The court found that the trial magistrate did not err in law by considering direct imprisonment as an appropriate sentence, but failed to adequately consider alternative sentencing options, particularly in light of the appellant's personal circumstances and comparable cases within the division. The appellant was a first offender, 21 years old, had ceased drug use for eight months prior to sentencing, and had stable employment. The court noted that in two recent similar cases, sentences of imprisonment were replaced with substantial fines and suspended sentences. The court concluded that the s…
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