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South Africa decisions
Decisions matching the current search
Cossa and Another v S (A200/2016) [2018] ZAGPPHC 759 (29 March 2018)
The High Court partly upheld a sentence appeal, finding the cumulative effect of multiple sentences excessive and reducing the effective terms for both appellants.
Gwadiso and Another v S (A425/2017) [2018] ZAWCHC 33 (16 March 2018)
The High Court dismissed a sentence-only appeal by two appellants convicted of stealing Telkom copper cabling, finding the sentences were proper and proportionate.
Mohlabine and Others v S (A551/2015) [2016] ZAGPPHC 1243 (11 November 2016)
The High Court found the magistrate had not properly individualised sentence and replaced four 10-year prison terms with lesser, partly suspended sentences.
Solani v S (CA&R331/2015) [2016] ZAECGHC 17 (22 March 2016)
Appeal against sentence in a drug-possession case succeeded after the court held that the magistrate over-emphasised deterrence and failed to individualise sentence.
Adams and Another v S (A418/2014) [2014] ZAWCHC 209 (5 December 2014)
The High Court reduced the appellants’ sentences for robbery with aggravating circumstances, holding that the trial court failed to individualise sentence and assess proportionality.
Molautsi v S (A164/2010) [2011] ZAFSHC 178 (24 November 2011)
The court upheld an appeal against sentence, finding the magistrate failed to properly weigh the appellant’s youth, remorse, substance abuse, and other mitigating factors.
S v Fikweni [2010] ZAFSHC 49 (20 May 2010)
The court held that the sentence imposed by the magistrate was too severe for a 16-year-old first offender who pleaded guilty and had significant mitigating circumstances. The magistrate failed to properly individualise the sentence and did not sufficiently consider non-custodial options such as correctional supervision and restorative justice, as required by constitutional and statutory principles governing juvenile offenders. The suspended sentence of imprisonment was found to have potentially harsh consequences and did not promote the rehabilitation and reintegration of the accused. The co…
Source excerpt
S v Linnerts (08/2009_) [2010] ZAWCHC 56 (24 March 2010)
The High Court set aside a magistrate’s excessive sentence for housebreaking and theft, substituting 16 months’ imprisonment with part suspended.
S v Kemme and Others (206/2008) [2008] ZAFSHC 111 (21 August 2008)
High Court review of harsh sentences for housebreaking and theft. The court set aside direct imprisonment for two accused and remitted the juvenile’s sentence for reconsideration.
S v K (13/08) [2008] ZAFSHC 116 (26 June 2008)
Automatic review of a juvenile robbery sentence. The High Court confirmed the conviction but found the sentence too harsh and substituted a fine or suspended imprisonment.
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