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South Africa decisions
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S v Mvela and Others (Sentence) (SS002/2023) [2025] ZAGPJHC 226 (10 March 2025)
Sentencing judgment for murder and attempted murder arising from a group attack on youths in Doornkop, with different sentences imposed based on age and the Child Justice Act.
S v C.S (A74/14, A395/15, 06/2014) [2015] ZAGPPHC 520 (11 June 2015)
The court found that the prosecution and magistrate failed to comply with the Child Justice Act by not properly considering diversion after the accused completed a life skills programme for theft, and by failing to hold a preliminary enquiry for the robbery charge. The prosecutor did not record reasons for abandoning diversion, and the magistrate did not monitor or enforce its orders. The sentence imposed—detention at a treatment centre under s 296(1) of the Criminal Procedure Act—was inappropriate, as it did not consider the sentencing options under Chapter 10 of the Child Justice Act or the…
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S v Taliwe and Another (A221/15) [2015] ZAGPPHC 215 (30 March 2015)
The High Court set aside the six-month prison sentence imposed on two juvenile offenders for housebreaking and theft because no pre-sentence report was obtained.
S v Sekoere (70/2013) [2013] ZAFSHC 97; 2013 (2) SACR 426 (FB) (27 June 2013)
The court held that the legislature intended to afford children sentenced to incarceration or residential elements the protection of automatic High Court review, irrespective of legal representation in the lower court. This intention is supported by the historical context and recommendations of the South African Law Commission, as well as South Africa's constitutional and international obligations. The bifurcated system distinguishing between children under 16 and those aged 16-17 is a legislative policy decision, but does not justify depriving children of the safeguard of review. Previous ju…
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S v B.T.L (A125/2012) [2012] ZAGPPHC 27; 2013 (1) SACR 140 (GNP) (2 March 2012)
High Court special review setting aside a juvenile’s correctional supervision sentence for non-compliance with the Child Justice Act.
S v Blom (CA&R 28/2011) [2011] ZANCHC 19 (26 August 2011)
The High Court upheld an appeal against an excessive sentence for malicious injury to property, replacing three years’ imprisonment with six months and 17 days.
Suka v S (CA&R 395/03) [2011] ZAECGHC 17 (12 May 2011)
High Court appeal set aside convictions for culpable homicide and robbery, substituted theft, and imposed a six-year sentence antedated to 21 February 2002.
Julies and Another v S (A416/2010) [2010] ZAWCHC 538 (10 November 2010)
The court found that the sentence of three years direct imprisonment imposed on the fourteen-year-old appellants was inappropriate given their age, previous convictions, and the lack of structured home environments. Correctional supervision under section 276(1)(i) of Act 51 of 1977 was deemed the suitable alternative, as it would provide the necessary discipline and structure for rehabilitation while serving the interests of the community. The court confirmed the convictions but substituted the sentence with two years imprisonment in terms of section 276(1)(i), to commence on 3 June 2010.
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Vokwana v S (A262/2010) [2010] ZAWCHC 492 (15 October 2010)
Appeal against sentence by a juvenile offender succeeded because the trial court sentenced him without a pre-sentence report.
Lukas and Another v S (A417/2010) [2010] ZAWCHC 495 (15 October 2010)
The High Court confirmed the convictions of two juvenile appellants but reduced their sentences, holding the original direct imprisonment was disproportionate.
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