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South Africa decisions
Decisions matching the current search
J.B v S (A24/2022) [2023] ZAGPJHC 839 (27 July 2023)
On automatic appeal against sentence, the High Court held the magistrate’s discretion was properly exercised and dismissed the appeal.
Matshika v S (A331/2021) [2022] ZAGPPHC 422 (17 June 2022)
The High Court dismissed an appeal against a 14-year sentence for robbery with aggravating circumstances, finding no misdirection in the trial court's sentencing.
Ncgobo v S (1344/2016) [2018] ZASCA 6; 2018 (1) SACR 479 (SCA) (23 February 2018)
The Supreme Court of Appeal held that the period spent in custody awaiting trial, while relevant to proportionality, does not on its own constitute a substantial and compelling circumstance justifying deviation from the prescribed minimum sentence of life imprisonment for rape. The trial court considered all relevant factors, including the appellant's personal circumstances, lack of remorse, and aggravating features of the crime. The full bench found no misdirection in the trial court's approach and confirmed that the sentence was not grossly disproportionate. The appeal was dismissed as ther…
Source excerpt
S v Ngada [2009] ZAECGHC 8 (16 March 2009)
Appeal against sentence for rape of a 15-year-old succeeded. The High Court found the trial court overemphasized deterrence and reduced the sentence from 23 to 18 years.
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