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South Africa decisions
Decisions matching the current search
Nqana v S (A90/2024) [2025] ZAFSHC 85 (28 February 2025)
The High Court upheld an appeal against a rape conviction and life sentence, finding the trial court failed to apply caution to a single child witness with possible intellectual disability.
Mbele v S (A79/2016) [2017] ZAFSHC 157 (14 September 2017)
The appeal court found that the trial court misdirected itself by failing to properly consider the appellant's personal circumstances and the mitigating factors, and by not advising the appellant of the implications of the prescribed minimum sentence. The respondent conceded that the trial court overemphasized aggravating factors and that the sentence of life imprisonment was shockingly inappropriate. The appeal court held that there were compelling and substantial circumstances justifying deviation from the prescribed minimum sentence. The interests of justice required that the sentence be r…
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Mbele v S (A79/2017) [2017] ZAFSHC 181 (14 September 2017)
The appeal court found that the trial court misdirected itself by failing to warn the appellant of the prescribed minimum sentence and the consequences of a guilty verdict, thereby violating his right to a fair trial. This constituted a substantial and compelling reason to deviate from the prescribed sentence. The court further held that the trial court overemphasized aggravating factors and failed to properly balance them against mitigating factors. Given the appellant's personal circumstances and the procedural irregularity, the sentence of life imprisonment was shockingly inappropriate and…
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Dyantyi v S (CC95/2008) [2010] ZAECGHC 120; 2011 (1) SACR 540 (ECG) (6 December 2010)
Appeal against a life sentence for rape dismissed. The court held there were no substantial and compelling circumstances to depart from the prescribed sentence.
S v Mokoena [2009] ZAFSHC 135 (10 December 2009)
The Free State High Court refused leave to appeal against a wholly suspended rape sentence, holding there was no material misdirection and no reasonable prospects of success.
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