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South Africa decisions
Decisions matching the current search
S v I.S (R21/2024) [2024] ZAFSHC 213 (23 July 2024)
The High Court set aside a magistrate’s conviction after it emerged the accused was 17. The prosecution must restart under the Child Justice Act.
S v Leema (SS 98/2022) [2023] ZAGPJHC 1425 (8 December 2023)
The court found that the offences committed by the accused were of an extremely serious nature, involving a crime spree with aggravating circumstances such as acting in common purpose, callous execution, and lack of remorse. The accused's personal circumstances, including being a first offender and a parent, were considered ordinary and did not amount to substantial and compelling circumstances. The aggravating factors, including the nature of the crimes, use of a prohibited firearm, and the impact on victims, far outweighed any mitigation. The court held that the prescribed minimum sentences…
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S v Makuyana (R09/2020) [2020] ZAFSHC 16 (13 February 2020)
The court held that, although the section 112(2) statement repeated much of the charge sheet's wording, the accused also made additional admissions, including having no defence and being an illegal foreigner. These admissions demonstrated an understanding of the offences and covered the essential elements required for conviction. The court found that the requirements of section 112(2) were met in this case, and the convictions and sentences were therefore confirmed. The court emphasized that magistrates should ensure that section 112(2) statements contain sufficient factual detail, but in thi…
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S v Makwenda (R350/2018) [2018] ZAFSHC 214 (24 December 2018)
On special review, the High Court set aside a purported conviction and sentence because the accused was sentenced without a formal conviction being recorded.
S v Phemadu (185/2012) [2012] ZAFSHC 192 (18 October 2012)
High Court special review of an immigration conviction sentence. The court upheld the fine but corrected the unlawful alternative imprisonment term to three months.
S v Ramakewana (189/2012) [2012] ZAFSHC 191 (18 October 2012)
High Court special review of a sentence for illegal entry. The court set aside an unlawful sentence and substituted a sentence within the statutory limits.
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