Molotsi v S (A890/2016)
Molotsi v S (A890/2016) [2018] ZAGPPHC 483 (23 May 2018)
The court found that the magistrate had properly considered all relevant mitigating and aggravating circumstances, including the appellant's personal circumstances and the severity of the offence. The magistrate provided reasons for imposing a sentence higher than the statutory minimum, citing the brutal nature of the attack and the appellant's lack of remorse. The court held that there was no misdirection or procedural irregularity, and that the failure to specifically apprise the appellant of the possibility of a higher sentence did not constitute a defect. The appeal against sentence was t…
Source excerpt
- Minimum Sentencing
- Substantial And Compelling Circumstances
- Judicial Discretion In Sentencing
- Failure To Apprise Defence
- Murder