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South Africa Case Law

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Criminal Law [2025] ZAWCHC 270

B.B v S (Appeal) (A95/2025)

B.B v S (Appeal) (A95/2025) [2025] ZAWCHC 270 (25 June 2025)

Court
Western Cape High Court, Cape Town
Case number
A95/2025
Judges
Pangarker, Sher

The appeal court found that the Regional Magistrate had properly considered all relevant factors, including the appellant's personal circumstances, previous conviction, the interests of the community, and the prevalence of gender-based violence. The court held that the brutality and sustained nature of the assault, the lack of genuine remorse, and the seriousness of the offence outweighed any mitigating factors. No substantial and compelling reasons existed to justify deviation from the prescribed minimum sentence of 20 years' direct imprisonment for a second offender convicted of murder. The…

Source excerpt

  • Minimum Sentencing
  • Intimate Femicide
  • Remorse
  • Gender Based Violence
  • Appeal Against Sentence
  • Culpable Homicide Vs Murder
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Criminal Law [2025] ZAECMKHC 7

S v H.J.W (CC 71/2024)

S v H.J.W (CC 71/2024) [2025] ZAECMKHC 7 (31 January 2025)

Court
Eastern Cape High Court, Makhanda
Case number
CC 71/2024
Judge
Govindjee

The court found that while the prescribed minimum sentence for murder in the context of domestic violence is life imprisonment, the cumulative effect of the accused's personal circumstances, lack of previous convictions, consistent employment, support for his children, genuine remorse, plea of guilty, and the absence of premeditation justified deviation from the minimum sentence. The accused's intoxication and emotional state at the time of the offence were considered as extenuating circumstances. The court emphasized the seriousness of the offence, the impact on the deceased's family, and th…

Source excerpt

  • Murder
  • Domestic Violence
  • Sentencing Minimums
  • Intimate Femicide
  • Alcohol And Crime
  • Kidnapping
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Criminal Law [2019] ZAWCHC 18

S v Rohde (CC43/2017)

S v Rohde (CC43/2017) [2019] ZAWCHC 18 (27 February 2019)

Court
Western Cape High Court, Cape Town
Case number
CC43/2017
Judge
Salie-Hlophe

The court found that the murder of the accused's wife was brutal, callous, and aggravated by the manner of execution and subsequent staging of the crime scene to mislead authorities. The accused showed no remorse and failed to acknowledge the impact of his actions on the victim, her family, and society. The aggravating features far outweighed the mitigating factors, including the accused's personal circumstances and lack of prior convictions. The court held that the prescribed minimum sentence of 15 years for murder was insufficient given the extreme and shocking nature of the offence and the…

Source excerpt

  • Murder
  • Intimate Femicide
  • Minimum Sentence Legislation
  • Defeating Ends Of Justice
  • Sentencing Principles
  • Firearm Disqualification
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.