South Africa Case Law

Mthembu v S (A 307/2013)

Mthembu v S (A 307/2013) [2014] ZAGPPHC 247 (11 April 2014)

Court

North Gauteng High Court, Pretoria

Case number

A 307/2013

Judges

Maumela, Sidlova

The appeal court found that the trial court erred by not ordering the sentences to run concurrently, resulting in a cumulative sentence of 21 years imprisonment that is disproportionate to the offences and the appellant's circumstances. Both parties agreed that the sentence was unduly harsh and induced a sense of shock. The appeal court held that the sentences should be taken as one for purposes of sentence and imposed a single sentence of 14 years imprisonment, which better fits the crime, the criminal, and the interests of the community.

Source excerpt

• Sentencing Principles
• Concurrent Sentences
• House Breaking
• Theft
• Previous Convictions

Sigasa v S (A908/2012)

Sigasa v S (A908/2012) [2013] ZAGPPHC 215 (25 July 2013)

Court

North Gauteng High Court, Pretoria

Case number

A908/2012

Judges

Phatudi, Khumalo

The High Court upheld an appeal against sentence for housebreaking, finding 8 years' imprisonment too harsh and substituting a 3-year wholly suspended term.

• Sentencing Principles
• Mitigating Factors
• House Breaking
• Suspended Sentence
• Criminal-sentencing
• Sentence-appeals