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South Africa decisions
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M.E.M v S (A67/2024) [2025] ZAGPPHC 227 (6 March 2025)
Appeal against a life sentence for raping the appellant’s minor daughter was dismissed. The High Court found no substantial and compelling circumstances.
PN v S (A192/2023) [2024] ZAGPPHC 317 (28 March 2024)
The court found that the repeated incestuous rape of the complainant by her father over a period of four years, including while she was a minor, constituted extremely serious offences with profound psychological and physical consequences. The cumulative effect of the offences, the lack of remorse, and the abandonment of parental responsibilities rendered the appellant's personal circumstances either neutral or aggravating. The court a quo did not misdirect itself in its assessment of seriousness or in its consideration of substantial and compelling circumstances. No basis existed to interfere…
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Buthelezi v S (AR361/2021) [2022] ZAKZPHC 24 (10 June 2022)
The High Court upheld the appeal against two rape convictions and a life sentence, finding material misdirections and that the appellant’s version remained reasonably possibly true.
S v D and Another (CC55/2016) [2017] ZAECBHC 1; 2017 (1) SACR 654 (ECB) (31 March 2017)
Sentencing for the rape of a nine-year-old child by her father and the mother’s assistance. Life imprisonment was imposed on the father; the mother received 10 years.
D v S (89/16) [2016] ZASCA 123 (22 September 2016)
The Supreme Court of Appeal held that the defect in the charge sheet did not render the proceedings invalid, as the appellant was sufficiently informed of the charges and the State's intention to rely on the minimum sentencing regime. The court found no substantial and compelling circumstances to justify deviation from the prescribed sentence of life imprisonment, noting that the appellant's personal circumstances, guilty plea, and status as a first offender were not sufficient. The seriousness of the offences, the abuse of the father-daughter relationship, and the psychological and emotional…
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J.P.A v S (CA&R80/2007) [2016] ZANCHC 6; 2017 (2) SACR 143 (NCK) (12 August 2016)
The court held that the prescribed sentence of life imprisonment was applicable due to the complainant's age, and the appellant was properly informed of this. The absence of violence and lack of permanent physical injury were outweighed by the appellant's abuse of his position of trust as the complainant's father, manipulation, and threats. The appellant's prior convictions, although not for sexual or violent offences, indicated a general disregard for the law. The appellant showed no genuine remorse, and his advanced age did not constitute a substantial and compelling circumstance justifying…
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Motsamai v S (A126/2015) [2016] ZAFSHC 84 (5 May 2016)
The High Court dismissed a sentence appeal and upheld life imprisonment for rape and sexual exploitation of a mentally disabled sibling, finding no basis to depart from the minimum sentence.
L.P v S (A492/13) [2014] ZAWCHC 11 (7 February 2014)
The court found that the appellant, as the complainant's biological father, abused his position of trust by engaging in a sexual relationship with his daughter over a period of approximately three years. The appellant's conduct was described as contemptuous and callous, particularly in his handling of the complainant's suicide attempts and threats. The court rejected the argument that the complainant's participation mitigated the seriousness of the offence, emphasizing that the appellant bore the responsibility to prevent such conduct. The trial court's sentence was found to be fair and appro…
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Marais v S (A257/12) [2012] ZAWCHC 332 (19 October 2012)
The appellate court found that the trial court correctly assessed the credibility of the complainant, whose evidence was consistent and corroborated by other witnesses. The contradictions raised by the appellant were not material enough to undermine her testimony. The medical evidence did not exclude penetration, and the definition under the Sexual Offences Act was satisfied. The appellant's version was improbable and properly rejected. On sentence, the court held that the trial court exercised its discretion correctly, considering all relevant factors, including the appellant's breach of tru…
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Bailey v S (454/2011) [2012] ZASCA 154; 2013 (2) SACR 533 (SCA) (1 October 2012)
The Supreme Court of Appeal upheld life imprisonment for the rape of the appellant’s 12-year-old daughter, finding no substantial and compelling circumstances.
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