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South Africa Case Law

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Criminal Law [2024] ZAGPPHC 886

Sithebe v S (A299/2021)

Sithebe v S (A299/2021) [2024] ZAGPPHC 886 (5 September 2024)

The High Court dismissed an appeal against a five-year sentence for housebreaking with intent to steal and theft, holding that correctional supervision was not appropriate.

  • Housebreaking With Intent To Steal
  • Sentencing Principles
  • Correctional Supervision
  • First Offender
  • Appeal Against Sentence
  • Criminal-sentencing
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Criminal Law [2024] ZANWHC 21

Bonde v S (CA63/2018)

Bonde v S (CA63/2018) [2024] ZANWHC 21 (8 February 2024)

The High Court dismissed an appeal against life imprisonment for rape-related offences, finding no substantial and compelling circumstances for a lesser sentence.

  • Minimum Sentencing
  • Substantial And Compelling Circumstances
  • Rape
  • Pre Sentence Detention
  • First Offender
  • Sentencing Discretion
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Criminal Law [2023] ZAGPJHC 394

Jossia v S (SS134/2011)

Jossia v S (SS134/2011) [2023] ZAGPJHC 394 (21 April 2023)

Leave to appeal against conviction and sentence was dismissed because the court found no misdirection and no basis to disturb the minimum sentence.

  • Leave To Appeal
  • Misdirection
  • Minimum Sentence
  • First Offender
  • Leave-to-appeal
  • Minimum-sentence
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Criminal Law [2022] ZAGPPHC 995

Ndlovu and Another v S (A99/2022)

Ndlovu and Another v S (A99/2022) [2022] ZAGPPHC 995 (10 November 2022)

The appeal court reduced the appellants’ effective sentences for armed robbery and related firearm offences after finding the original cumulative sentences too harsh.

  • Minimum Sentences
  • Robbery With Aggravating Circumstances
  • Sentencing Discretion
  • Concurrent Sentences
  • Remorse And Plea
  • First Offender
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Criminal Law [2019] ZAGPPHC 306

Tembe v S (406/2017)

Tembe v S (406/2017) [2019] ZAGPPHC 306 (2 July 2019)

The High Court upheld a sentence appeal, finding misdirection in a 30-year effective sentence for robbery-related convictions and replacing it with concurrent 10-year terms.

  • Minimum Sentence Regime
  • Substantial And Compelling Circumstances
  • Concurrent Sentences
  • First Offender
  • Youthfulness
  • Duplication Of Charges
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Criminal Law [2019] ZAGPPHC 517

Tembe v S (406/2017)

Tembe v S (406/2017) [2019] ZAGPPHC 517 (28 June 2019)

The High Court upheld an appeal against sentence, finding misdirection in failing to order concurrency and to treat youth and first-offender status as mitigating factors.

  • Minimum Sentencing
  • Substantial And Compelling Circumstances
  • Concurrent Sentences
  • First Offender
  • Youthfulness
  • Duplication Of Charges
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Criminal Law [2019] ZAFSHC 89

Mphuthi v S (A288/2018)

Mphuthi v S (A288/2018) [2019] ZAFSHC 89 (16 May 2019)

The High Court dismissed an appeal against a life sentence for rape of a 13-year-old, holding there were no substantial and compelling circumstances.

  • Rape
  • Minimum Sentencing
  • Substantial And Compelling Circumstances
  • Sentencing Discretion
  • First Offender
  • Firearms Control Act Order
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Criminal Law [2019] ZAGPPHC 1109

Ndlovu v S (291/2017)

Ndlovu v S (291/2017) [2019] ZAGPPHC 1109 (5 February 2019)

The High Court dismissed an appeal against a five-year prison sentence for arson, finding the trial court properly weighed the offence, the victim’s loss, and mitigation.

  • Arson
  • Sentencing Discretion
  • Mitigating Factors
  • First Offender
  • Constitutional Right To Housing
  • Sentencing-discretion
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Criminal Law [2018] ZAECGHC 116

Nzima v S (CA109/2018)

Nzima v S (CA109/2018) [2018] ZAECGHC 116 (12 November 2018)

The High Court dismissed an appeal against sentence for rape and robbery with aggravating circumstances, holding that the prescribed minimum sentences were properly imposed.

  • Rape
  • Robbery With Aggravating Circumstances
  • Minimum Sentencing
  • Substantial And Compelling Circumstances
  • Pre Trial Detention
  • First Offender
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Criminal Law [2018] ZAGPPHC 694

Simelani v S (A697/2016)

Simelani v S (A697/2016) [2018] ZAGPPHC 694 (23 March 2018)

High Court appeal against sentence for housebreaking succeeded. The court reduced an eight-year sentence to five years after considering mitigation and comparable cases.

  • Housebreaking
  • Sentencing Principles
  • Mitigating Circumstances
  • First Offender
  • Custodial Sentence
  • Criminal-law
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.