South Africa Case Law

Zulu v S (8/2017)

Zulu v S (8/2017) [2017] ZAGPPHC 1250 (11 October 2017)

Court

North Gauteng High Court, Pretoria

Case number

8/2017

Judges

L M Molopa-Sethosa, P M Mabuse, C J Collis

The appeal court found that the trial court failed to properly consider the cumulative effect of the sentences imposed on the appellant, resulting in an effective term of 30 years' imprisonment, which is disproportionate and shockingly harsh given the circumstances. The offences of robbery with aggravating circumstances were inextricably linked in terms of locality, time, and intent, justifying an order that the sentences on counts 1 and 2 run concurrently in part. The appellant's time spent in custody awaiting trial and his personal circumstances were also relevant factors that should have b…

Source excerpt

• Minimum Sentences Act
• Concurrent Sentences
• Robbery With Aggravating Circumstances
• Sentencing Discretion
• Review Powers
• Effective Term Of Imprisonment

Moodley v S (A526/15)

Moodley v S (A526/15) [2016] ZAGPPHC 370 (10 May 2016)

Court

North Gauteng High Court, Pretoria

Case number

A526/15

Judges

Molopa-Sethosa, Rabie, Meyer

The High Court reduced a 17-year-old offender’s effective sentence from 43 to 18 years, finding the original cumulative sentence excessive and failing to account for concurrency.

• Sentencing Of Child Offenders
• Concurrent Sentences
• Aggravating And Mitigating Factors
• Doctrine Of Common Purpose
• Appeal Interference
• Effective Term Of Imprisonment