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South Africa decisions
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Khele v S (A420/2017) [2020] ZAGPPHC 572 (15 September 2020)
The High Court confirmed a robbery conviction but set aside a habitual criminal declaration for lack of a proper enquiry, imposing seven years' imprisonment.
Sithole v S (A402/2018) [2019] ZAGPPHC 1060 (22 November 2019)
The High Court upheld an appeal against a habitual criminal declaration, finding the magistrate had not exercised discretion judicially and replacing it with a prison sentence.
Mosepele v S (A101//2018) [2019] ZAGPPHC 328 (18 July 2019)
The High Court upheld an appeal against sentence, reducing a 12-year term to 5 years after finding the magistrate failed to properly weigh drug dependency and rehabilitation.
Ntonga v S (JA78/10) [2018] ZANCHC 51 (17 August 2018)
The court found no material misdirection by the trial court in not ordering the sentence to run concurrently with the existing sentence. The cumulative effect of the sentences did not induce a sense of shock or render the sentence disturbingly inappropriate. The offences were unrelated and occurred at different times and places, justifying consecutive sentences. The trial court exercised its discretion judiciously in warning the appellant rather than declaring him a habitual criminal, which is consistent with settled practice. There was no basis to interfere with the sentence imposed.
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Smith v S (A44/2017) [2017] ZAWCHC 166; 2019 (1) SACR 500 (WCC) (10 March 2017)
The court found that the Regional Court committed a material misdirection by declaring the appellant a habitual criminal solely on the basis of his previous convictions, without sufficient enquiry into the circumstances of those offences or adequate warning prior to pleading. The appellant's personal circumstances were not properly considered, and the trial court lacked factual support for its conclusion that the appellant habitually committed offences. The right to a fair trial was infringed, and the sentence imposed was disproportionate to the seriousness of the offence. The appeal was uphe…
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Phasha v S (A890/2014) [2015] ZAGPPHC 485 (11 June 2015)
The High Court upheld an appeal against sentence, setting aside a habitual criminal declaration and replacing the sentence with five years' correctional supervision.
Trichart v S (A441/2013) [2014] ZAGPJHC 91; 2014 (2) SACR 245 (GJ) (2 April 2014)
The High Court set aside a habitual-criminal sentence, finding the magistrate misdirected himself by rejecting a probation report and ignoring drug dependency.
Smith v S (A02/2013) [2013] ZAFSHC 120; 2014 (2) SACR 190 (FB (27 June 2013)
The High Court set aside an habitual-criminal declaration made on the basis of the appellant’s record alone and replaced it with an eight-year sentence.
Lephuthing v S (A137/2012) [2012] ZAFSHC 239 (14 December 2012)
The regional court materially misdirected itself by failing to conduct an enquiry into the appellant's circumstances and motivation before declaring him a habitual criminal for a second time, especially where the offence was petty theft and the appellant had already served a lengthy sentence following a prior declaration. The interests of justice require that such declarations be preceded by a proper enquiry, and the failure to do so renders the sentence unjust. Given the excessive nature of the punishment and the mitigating factors, the appropriate sentence is twelve months imprisonment whol…
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Kubheka v S (A848/10) [2012] ZAGPPHC 120 (20 June 2012)
The High Court set aside a habitual criminal declaration and substituted a custodial sentence after finding the trial court failed to properly consider prior convictions and mitigation.
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