South Africa Case Law

Sabaile v S (CA&R 55/22)

Sabaile v S (CA&R 55/22) [2023] ZANCHC 81 (27 October 2023)

Court

Northern Cape High Court, Kimberley

Case number

CA&R 55/22

Judges

Williams, Nxumalo

The court held that the trial court did not misdirect itself in its consideration of the appellant's personal circumstances or in its assessment of the seriousness of the offence. The appellant's arguments regarding irregularity and misdirection were found to be without merit, as no failure of justice resulted from the trial court's conduct. The prescribed minimum sentence of life imprisonment for the rape of a minor under 16 years is mandated by statute and may only be departed from if substantial and compelling circumstances exist. The appellant's personal circumstances, including his age,…

Source excerpt

• Minimum Sentencing
• Rape Of Minor
• Substantial And Compelling Circumstances
• Appeal Procedure
• Irregularity In Sentencing

Jansen v The State (40043/14; 229/14)

Jansen v The State (40043/14; 229/14) [2015] ZASCA 151; 2016 (1) SACR 377 (SCA) (2 October 2015)

Court

Supreme Court of Appeal

Case number

40043/14; 229/14

Judges

Maya, Theron, Mathopo

The Supreme Court of Appeal held that a court may not depart from a plea and sentence agreement without first telling the parties it considers the proposed sentence unjust.

• Plea And Sentence Agreements
• Criminal Procedure Act Section 105a
• Irregularity In Sentencing
• Remittal For Retrial
• Plea-and-sentence-agreements
• Criminal-procedure-act-section-105a

Gaoromelwe v S (CA 38/10)

Gaoromelwe v S (CA 38/10) [2011] ZANWHC 8 (4 March 2011)

Court

North West High Court, Mafikeng

Case number

CA 38/10

Judges

R D Hendricks, A M Kgoele

Leave to appeal against sentence was refused after the court held that a sentencing irregularity did not automatically justify a lesser sentence.

• Minimum Sentence Act
• Irregularity In Sentencing
• Prospects Of Success On Appeal
• Minimum-sentence-act
• Sentencing-appeals
• Criminal-procedure

S v Tshabangu (A952/02)

S v Tshabangu (A952/02) [2005] ZAGPHC 73 (28 July 2005)

Court

High Courts - Gauteng

Case number

A952/02

Judge

Schwartzman

The High Court held that a regional magistrate’s sentence was a nullity because rape of a child under 16 had to be referred to a High Court judge for sentencing.

• Rape Of Minor
• Minimum Sentencing
• Irregularity In Sentencing
• Kidnapping
• Assault With Intent To Do Grievous Bodily Harm
• Criminal-law