S v Masilela (CC64/2023)
S v Masilela (CC64/2023) [2024] ZAGPPHC 1041 (25 May 2024)
The court found that the accused's conduct did not amount to premeditated murder under section 51(1) of the Criminal Law Amendment Act, as premeditation was not proven. The accused was convicted under section 51(2), which prescribes a minimum sentence of 15 years imprisonment for a first offender. In considering sentence, the court evaluated the accused's personal circumstances, including her history of drug abuse, mental health issues, traumatic experiences, emotional instability, and time spent in custody. The court determined that these cumulative factors constituted substantial and compel…
Source excerpt
- Murder
- Minimum Sentencing
- Substantial And Compelling Circumstances
- Drug Abuse
- Restorative Justice
- Mitigation Of Sentence