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South Africa decisions
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S v Latha and Another (CC 20/12) [2012] ZAECGHC 29; 2012 (2) SACR 30 (ECG) (9 May 2012)
Sentencing judgment on murder, common assault and witchcraft suppression offences arising from a fatal assault on the accuseds’ grandmother.
S v Lukhwa and Another (698/92) [1993] ZASCA 177 (23 November 1993)
Appeal against death sentences for multiple murders during a Venda witch-hunt. The court set aside the death penalty and imposed life imprisonment.
S v Matala and Others (270/92) [1993] ZASCA 30 (16 March 1993)
Appeal in a murder case from Venda: death sentences for two accused were replaced with 22 years’ imprisonment, while the third accused’s death sentence stood.
S v Nemasetoni (394/92) [1993] ZASCA 18 (5 March 1993)
The Appellate Division set aside a death sentence for murder and replaced it with 20 years' imprisonment, stressing mitigating factors and the absence of direct intent.
S v Munyai and Others (58/92) [1992] ZASCA 206 (25 November 1992)
The court found that the second and third appellants were mature, fully aware of the heinousness of their actions, and motivated by financial gain. Their lack of previous convictions and unsophistication did not outweigh the aggravating factors. The death sentence was deemed the only proper sentence for them. In contrast, the first appellant, although morally culpable and the instigator, was nearly 80 years old. The court held that advanced age, in line with compassionate sentencing principles and societal expectations, justified leniency. Thus, life imprisonment was imposed instead of the de…
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S v Da Silva (40/90) [1992] ZASCA 156 (18 September 1992)
The appeal against murder conviction succeeded after the court found material misdirections on credibility and a trial unfairly handled the evidence.
S v Ndayave (368/91) [1992] ZASCA 142 (14 September 1992)
Appeal against death sentences for twelve murders, rape and robberies dismissed; the court held psychopathy and drug use were not mitigating factors.
S v Diedericks (413/91) [1992] ZASCA 128 (3 September 1992)
The appeal court set aside a death sentence for murder and substituted 20 years’ imprisonment, finding the case did not call for the death penalty.
S v Mokgomola (635/91) [1992] ZASCA 127 (1 September 1992)
The Court found no mitigating factors of substance in the appellant's personal circumstances or in the facts of the case. The murders were well planned, executed with cruelty and cold-blooded intent, and motivated solely by revenge for a lawful act by the deceased. The appellant's criminal record and subsequent offences demonstrated poor prospects of rehabilitation. The Court held that there was no reasonable chance that further evidence would alter the sentence. Accordingly, the death penalty was confirmed as the only appropriate sentence for the murder convictions.
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S v Ntshangase (437/90) [1992] ZASCA 98 (29 May 1992)
The court found that, although the murder was brutal and premeditated, significant mitigating factors existed. The appellant was young, possibly under 18 at the time of the offence, and acted under the influence and pressure of Mtembu, who was older, wealthier, and in a position of authority over him. The appellant was not a professional criminal and had no prior convictions. The State failed to prove beyond reasonable doubt that the appellant was 18 years or older at the time of the offence, and the evidence of his age was inconclusive. The court held that the death sentence was not the only…
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