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South Africa decisions
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S v J.J.L (Sentence) (KS19/24) [2025] ZANCHC 32 (10 April 2025)
The court sentenced a youthful first-time offender to concurrent prison terms for murder, premeditated murder, and assaults, finding substantial and compelling circumstances to depart from life imprisonment.
Rode v S (CA&R 89/21) [2022] ZAECMHC 29 (16 August 2022)
The High Court upheld an appeal against a life sentence for rape and replaced it with 18 years’ imprisonment after finding substantial and compelling circumstances.
Saohatse and Others v S (A18/2020) [2021] ZAGPPHC 62 (3 February 2021)
Appeal from convictions for murder partly succeeded on sentence only: convictions upheld, but the third appellant’s prison term was replaced with correctional supervision.
S v Redhouse and Another (CC14/2017) [2018] ZAECPEHC 43 (26 July 2018)
High Court sentencing judgment in a gang-related murder and shooting case, weighing extreme brutality, youth, health issues, and lack of remorse.
S v A.N (CA&R15/2018) [2018] ZAECGHC 3 (16 January 2018)
The High Court set aside magistrates’ court proceedings because the accused was 17 and should have been dealt with under the Child Justice Act.
S (A502/2016, 14/4145/2006), R v [2017] ZAGPPHC 279 (2 June 2017)
The High Court reduced an effective 30-year sentence to 18 years after finding the trial court failed to properly weigh pretrial custody, youth, and cumulative effect.
L.T v S (CA&R286/2016) [2017] ZAECGHC 43 (22 March 2017)
High Court appeal against sentence in a rape matter partially upheld; the court reduced the effective sentence by ordering part of the second term to run concurrently.
T.B v S (CA&R198/2014) [2016] ZAECGHC 111 (28 October 2016)
The appeal court found that the Magistrate had properly considered the appellant's personal circumstances, the nature of the crime, and the interests of society. The Magistrate's reasoning was not vitiated by misdirection, nor was the sentence imposed so inappropriate as to induce a sense of shock or justify interference. The appellant, though young and a first offender, committed a serious violent offence resulting in death. The trial court balanced these factors and suspended part of the sentence, demonstrating a reasonable exercise of discretion. There was no basis for the appeal court to…
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S v H.J (DR 162/15, 44/15, 23/14112/2015) [2015] ZAKZDHC 72; 2016 (1) SACR 629 (KZD) (15 September 2015)
The conviction of the accused, a minor, was set aside because the proceedings failed to comply with the Child Justice Act, which mandates special procedures and protections for children in conflict with the law. The accused's age was only established after conviction, and the magistrate properly conceded that the conviction was invalid. The court emphasized the need for a thorough investigation into the accused's background and circumstances, and held that the matter must be recommenced de novo in accordance with the Child Justice Act, including consideration of diversion from the criminal ju…
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Motumi v S (A224/2015) [2015] ZAWCHC 162 (21 August 2015)
The High Court dismissed the conviction appeal, but adjusted sentence after finding the incomplete reconstructed record prejudiced the appellant.
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