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South Africa decisions
Decisions matching the current search
Mahlangu v S (A238/23) [2024] ZAGPPHC 363; 2024 (2) SACR 219 (GP) (11 April 2024)
The High Court upheld an appeal against sentence in a statutory rape matter, replacing eight years’ imprisonment with three years wholly suspended.
S v Ngobeni and Others (94/2019; 374/03/19; 252/02/19; 35/11/17; 10/04/2018; 31/10/18, 93/04/18; 141/03/17; 54/10/18; 150/09/18; 65/10/2017;10/01/17; 11/01/17; 58/11/17; 169/09/17; 195/07/17) [2020] ZALMPTHC 4 (3 February 2020)
High Court special review setting aside child offenders’ convictions and sentences for non-compliance with the Child Justice Act and invalid admission-of-guilt notices.
S v Nombamba and Others (CC34/2014) [2016] ZAECPEHC 36 (23 June 2016)
Sentencing judgment for robbery, murder and firearm offences. The court held the minimum sentence regime applied to one adult accused, but not to the under‑18 accuseds.
Cloete v S (A148/2015) [2015] ZAWCHC 206 (16 September 2015)
The High Court upheld an appeal against sentence in a murder case, setting aside 15 years’ imprisonment and remitting the matter for fresh sentencing.
Van Wyk v S (A507/2014) [2015] ZAGPPHC 249 (12 March 2015)
The High Court reduced an 18-year-old appellant’s sentence from 37 to 25 years, holding the original total was disproportionate despite the seriousness of the crimes.
S v Nyathi (262/2013) [2013] ZAFSHC 200 (7 November 2013)
The High Court set aside a four-month sentence as too harsh and beyond the Immigration Act maximum, replacing it with a fine and wholly suspended sentence.
Motloung v S (A240/11) [2013] ZAFSHC 110 (30 May 2013)
The court found that the trial court erred by imposing a sentence of 30 years' imprisonment on a juvenile offender, exceeding the statutory maximum prescribed by section 77(4) of the Child Justice Act. The sentencing court failed to adequately balance the interests of society with the appellant's personal circumstances, prospects of rehabilitation, and the constitutional imperative to treat child offenders differently from adults. The sentence did not reflect mercy or compassion and left no prospect for rehabilitation, contrary to the objectives of the Child Justice Act and the Constitution.…
Source excerpt
S v Ngwenya and Another (A93/13) [2013] ZAGPPHC 40 (11 February 2013)
The High Court set aside a R3000 fine imposed for assault with intent to do grievous bodily harm and remitted sentence for reconsideration.
S v Mbane and Others (CA&R 26/2012) [2013] ZAECBHC 1 (1 January 2013)
The High Court set aside a juvenile accused’s conviction after finding the Child Justice Act was not applied, and remitted the matter for proper treatment.
Rampeta and Others v S (A311/11) [2012] ZAFSHC 205 (8 November 2012)
The appeal against sentence succeeded partly. The Free State High Court replaced life imprisonment for rape with individualized long-term prison terms.
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