S v Modau and Another (3/2003)
S v Modau and Another (3/2003) [2003] ZANWHC 4 (30 January 2003)
The court found that the sentence imposed on accused no. 2 was disproportionately severe given the nature of her conduct, which involved a single slap, and accepted the magistrate's suggestion to reduce the sentence. The sentence for accused no. 1, who stabbed the complainant with a broken bottle, was deemed appropriate in light of his personal circumstances and the impact of the fine on his livelihood. The court confirmed both convictions but substituted the sentence for accused no. 2 with a lesser sentence that better reflected the gravity of her offence and her circumstances.
Source excerpt
- Sentencing Review
- Assault With Intent To Do Grievous Bodily Harm
- Magistrates Discretion
- Leniency And Severity
- Suspended Sentence