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Criminal Law [2023] ZAECMHC 7

S v Kesa (Sentence) (CC19/2020)

S v Kesa (Sentence) (CC19/2020) [2023] ZAECMHC 7 (16 February 2023)

The court found that the accused's personal circumstances, including being a first offender and having been assaulted after escaping custody, do not constitute substantial and compelling circumstances justifying a departure from the prescribed minimum sentences for murder. The offences were premeditated, brutal, and involved the killing of close family members, including a pregnant sister and a young niece. The accused showed no remorse and failed to provide an honest account of his actions. The interests of society, the seriousness of the crimes, and the need for deterrence and retribution r…

  • Minimum Sentences Act
  • Murder
  • Arson
  • Sentencing Principles
  • Familicide
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