South Africa Case Law

Nevhungoni v S (A30/2022)

Nevhungoni v S (A30/2022) [2024] ZALMPTHC 22 (22 February 2024)

Court

Limpopo High Court, Thohoyandou

Case number

A30/2022

Judges

T C Tshidada, M B Madavha

The court found that the State presented credible, reliable, and corroborated evidence establishing the appellant's guilt beyond reasonable doubt for robbery with aggravating circumstances. The use of a firearm was confirmed by two state witnesses, and the appellant's version of events was rejected as inherently improbable. The trial court did not misdirect itself in its factual findings or in its assessment of the evidence. Regarding sentence, the court held that the aggravating circumstances outweighed any mitigating factors advanced by the appellant, and that the trial court correctly appl…

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• Robbery With Aggravating Circumstances
• Sentencing Discretion
• Appeal On Conviction
• Appeal On Sentence
• Mitigating Factors
• Firearm Use In Crime

S v Masemola and Another (A1150/06)

S v Masemola and Another (A1150/06) [2007] ZAGPHC 185 (10 September 2007)

Court

High Courts - Gauteng

Case number

A1150/06

Judges

P F Louw, A P Joubert

The court held that the prescribed minimum sentence of 15 years imprisonment for robbery with aggravating circumstances applies to first offenders unless substantial and compelling circumstances exist. The appellants' status as first offenders and their personal circumstances do not amount to substantial and compelling circumstances. The use of a firearm in a serious and widespread crime outweighs their personal factors. The absence of physical injury and the small value of the stolen items do not diminish the seriousness of the offence. The Magistrate's failure to make an order under section…

Source excerpt

• Minimum Sentences
• Robbery With Aggravating Circumstances
• Firearm Use In Crime
• First Offender Sentencing
• Arms And Ammunition Act

S v Williams (CA&R 5/05)

S v Williams (CA&R 5/05) [2005] ZANCHC 84 (6 May 2005)

Court

Northern Cape High Court, Kimberley

Case number

CA&R 5/05

Judges

MAJIEDT, WILLIAMS

The Northern Cape High Court dismissed Samuel Williams’s appeal against a 17-year sentence for robbery with aggravating circumstances and confirmed the conviction.

• Robbery With Aggravating Circumstances
• Minimum Sentencing
• Sentencing Discretion
• Firearm Use In Crime
• Robbery-with-aggravating-circumstances
• Minimum-sentencing