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South Africa decisions
Decisions matching the current search
S v Mokaping (132/2014(B)) [2014] ZAFSHC 138 (4 September 2014)
On special review, the High Court set aside a magistrate’s conviction and sentence after finding serious procedural irregularities and a breach of fair-trial rights.
S v Mashele (A175/09) [2009] ZAGPPHC 68 (6 March 2009)
The magistrate misdirected himself by treating direct imprisonment as the only available sentencing option and failing to consider the possibility of a fine, despite evidence that the accused was gainfully employed and had mitigating circumstances. The review court found that the proper approach required consideration of all sentencing alternatives. The sentence of twelve months' imprisonment was set aside and replaced with a sentence of a fine of R2,000.00 or, in default of payment, twelve months' imprisonment.
Source excerpt
S v Mokheea (1075/2004) [2004] ZAFSHC 92 (7 October 2004)
High Court review of a cannabis-possession sentence: the conviction was confirmed, but the original sentence was set aside and replaced with a lesser fine.
S v Seleke and Another (182/04) [2004] ZANWHC 28 (1 September 2004)
On review, the High Court set aside three-year sentences for housebreaking and theft after finding the magistrate misdirected himself on sentencing.
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