South Africa Case Law

S v Govender (DR 242/2014)

S v Govender (DR 242/2014) [2014] ZAKZPHC 54; 2016 (1) SACR 236 (KZP) (4 November 2014)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

DR 242/2014

Judges

Ndlovu, Ntshangase

The court found that the sentence of correctional supervision including house arrest imposed on the accused following a guilty plea under section 112(1)(a) of the Criminal Procedure Act was not competent, as house arrest is a form of detention without the option of a fine. The court distinguished the present case from S v Cedars, noting that the accused had no previous convictions, substance abuse issues, or requests for rehabilitation. The sentence was not appropriate given the circumstances, and the technical irregularity could not be overlooked in the interests of justice. The conviction w…

Source excerpt

• Correctional Supervision
• House Arrest
• Guilty Plea
• Technical Irregularity
• Marine Living Resources Act
• Sentencing Procedure

Director of Public Prosecutions Transvaal v Swanepoel and Another (261/06)

Director of Public Prosecutions Transvaal v Swanepoel and Another (261/06) [2006] ZASCA 145; [2006] SCA 173 (RSA) (1 December 2006)

Court

Supreme Court of Appeal

Case number

261/06

Judges

Farlam, Mthiyane, Mlambo

The Supreme Court of Appeal increased the first respondent’s sentence for murder and robbery, setting aside an unauthorised therapy order, but left the second respondent’s sentence intact.

• Sentencing Principles
• Murder
• Robbery With Aggravating Circumstances
• Accessory After The Fact
• House Arrest
• Correctional Services Orders