South Africa Case Law

S v S (A125/2016)

S v S (A125/2016) [2016] ZAFSHC 219 (4 October 2016)

Court

Free State High Court, Bloemfontein

Case number

A125/2016

Judges

Molemela, Chesiwe

The appeal court found that the trial court had properly considered all relevant factors, including the appellant's age, lack of previous convictions, and personal circumstances, as well as the aggravating factors such as the prevalence of gang-related rape and the severe impact on the complainant. The trial court had already deviated from the prescribed minimum sentence of life imprisonment and imposed a lesser sentence of twenty years' imprisonment. The appeal court held that the sentence was neither harsh nor inappropriate and that there was no misdirection by the trial court. Accordingly,…

Source excerpt

• Rape
• Minimum Sentencing
• Youthful Offender
• Gang Related Offence
• Compelling And Substantial Circumstances

S v De Bruin and Another (490/90)

S v De Bruin and Another (490/90) [1991] ZASCA 51 (16 May 1991)

Court

Supreme Court of Appeal

Case number

490/90

Judges

Nestadt, Kumleben, F H Grosskopf

The court set aside death sentences for two murder convicts and replaced them with 20-year prison terms, finding mitigating factors from the State’s evidence.

• Murder
• Death Sentence
• Extenuating Circumstances
• Mitigation Of Sentence
• Gang Related Offence
• Death-sentence